Deck 8: Homicide

Question 1

What is the term for separating a trial into two parts?

A)Bi-trial
B)Bi-jury
C)Bifurcation
D)Trifurcation

Answer 1

C

Question 2

What is the killing of human being by another human being when the act is intentional, willful, premeditated, and deliberate?

A)Second-degree murder
B)Voluntary manslaughter
C)First-degree murder
D)None of the above

Answer 2

C

Question 3

What is the term for the unintentional killing of another person?

A)Voluntary manslaughter
B)Involuntary manslaughter
C)Second-degree murder
D)None of the above

Answer 3

B

Question 4

What charges may be filed against a person who intends to inflict grievous bodily injury to another and death results?

A)Second-degree murder
B)First-degree murder
C)Capital murder
D)Homicide

Question 5

What rule provided that a person could not be prosecuted for homicide unless the victim died within a year and a day of the act that was responsible for the fatal injury?

A)Annual Life Rule
B)End-of-Year Rule
C)Over a Year Rule
D)Year-and-a-day Rule

Question 6

What term applies to murder that is not willful, premeditated, and deliberate?

A)Capital murder
B)First-degree murder
C)Second-degree murder
D)Criminal Attempt murder

Question 7

What does the State of California rely upon for a definition of a human being in relation to a fetus?

A)Fetus progression beyond 12 weeks
B)Fetus progression beyond 3 - 4 weeks
C)Fetus progression beyond 7 - 8 weeks
D)None of the above

Question 8

What type of murder is defined as being committed in the "sudden heat of passion" based on "adequate provocation?"

A)Manslaughter
B)Voluntary Manslaughter
C)Involuntary Manslaughter
D)First-degree murder

Question 9

Criminal Negligence Manslaughter and Criminal Act Manslaughter are two types of what type of offense?

A)Voluntary manslaughter
B)Involuntary manslaughter
C)Second-degree murder
D)None of the above

Question 10

What is the same as murder, but without malice aforethought?

A)Aggravated assault
B)Manslaughter
C)Womanslaughter
D)Personslaughter

Question 11

According to common law, at what point was a person no longer considered a human being?

A)Based on one's heart stopped beating
B)Based on the lack of brain waves
C)Based on a coroner's report
D)None of the above

Question 12

What rule states that a person is guilty of murder when a death results during the person's commission of a felony?

A)Class A murder
B)State jail murder
C)Felony murder
D)None of the above

Question 13

What form of punishment has been banned by many states throughout the United States?

A)The death penalty
B)Life imprisonment without parole
C)Life imprisonment with hard-time
D)None of the above

Question 14

What is the unlawful homicide committed with the malice aforethought required for murder?

A)Manslaughter
B)Murder
C)Capital murder
D)First-degree murder

Question 15

What term applies to someone who acts when his or her emotions are running high and such actions lead that person to extreme violence?

A)Sudden extreme emotion
B)Sudden extreme anger
C)Sudden heat of passion
D)None of the above

Question 16

What term applies if a person acts with a "depraved heart," "an abandoned heart," and "malignant heart," and death results?

A)First-degree murder
B)Capital murder
C)Second-degree murder
D)Homicide

Question 17

What is the unlawful killing of another human being with malice aforethought?

A)Murder
B)Manslaughter
C)Killing
D)Aggravated Assault

Question 18

What must be present for homicide to be a criminal offense?

A)The act must be unjustified and unexcused
B)The act must be personal and emotional
C)The act must be substantial and verifiable
D)None of the above

Question 19

What is the killing of a human being by another human being as defined by common law?

A)Murder
B)Homicide
C)Deadly force
D)None of the above

Question 20

What is the term in some states relating to the causing the death of an unborn fetus?

A)Feticide
B)Fetus murder
C)Fetus homicide
D)None of the above

Question 21

In some states, if someone causes the death of a child while committing the act of child abuse that person may be charged with murder in the second-degree.

Question 22

In the case of Commonwealth v. Cass the Supreme Court of Massachusetts rejected the common law definition of a human being.

Question 23

Murder is the killing of a human being by another human being without malice aforethought.

Question 24

In general, according to common law, first-degree murderers and second-degree murderers could be executed.

Question 25

Many courts hearing first-degree murder cases rely upon one jury to determine the suspect's guilt or lack of guilt; and another jury to decide upon the degree of punishment.

Question 26

In Nibert v. Florida, the Supreme Court of Florida affirmed the conviction and the death sentence handed down by the lower court.

Question 27

What is the term given to those who physicians who are asked by the patient to assist in their suicide for one reason or another, but typically a medical issue.

A)Mercy killing
B)Doctor killing
C)Physician homicide
D)None of the above

Question 28

Sudden heat of passion, adequate provocation, and causation are the three requirements for what offense?

A)Voluntary manslaughter
B)Involuntary manslaughter
C)Second-degree murder
D)None of the above

Question 29

Most states recognize that felony murder is usually limited to serious felonies that include robbery, rape, arson, and burglary.

Question 30

The common law "year-and-a-day" rule is still followed in U.S. courts today.

Question 31

A woman who keeps dogs that possess aggressive natures toward the neighbors and fails to heed warnings from the authorities to keep the dogs locked within the woman's yard fits the act of a depraved heart or extreme recklessness if the dogs leave her yard and attack and kill a seven year-old boy.

Question 32

Stan's wife is a victim of a head-on-collision that has left her paralyzed from the neck down and she has fallen into a coma. Her last words to him were that she did not want to live in such a horrible state. Stan's wife's doctor confirmed that there was no hope of recovery. While alone in the room with his wife, Stan places a pillow over her head and suffocates his wife. Stan has committed the act of what type of crime?

A)Involuntary manslaughter
B)Voluntary manslaughter
C)Mercy killing
D)None of the above

Question 33

Murder in the first-degree may be expressed in three terms: willful, deliberate, and premeditated.

Question 34

Mitigating circumstances serve to extenuate or reduce the degree of moral culpability.

Question 35

Which of the following is one of the limitations placed on felony murder?

A)The felony must be independent of the homicide.
B)The rule is limited to inherently dangerous felonies.
C)The felony and the homicide must accompany each other in close temporal proximity.
D)All the above

Question 36

If a person intends to inflict grievous bodily injury to another and death results, it is first-degree murder.

Question 37

The death penalty is accepted as the maximum penalty to be assessed in capital and first-degree murders throughout the United States today.

Question 38

First-degree murder is known as the "cold-blooded killing," one that is arguably more "evil" than a spontaneous killing.

Question 39

Most courts today define death in terms of "brain death." In other words, a person is no longer a human being if that person is "brain dead."

Question 40

One of the limitations placed on the felony murder rule is that the felony must be dependent of the homicide.

Question 41

Discuss the difference between voluntary and involuntary manslaughter. What major element separates the two offenses?

Question 42

Discuss felony murder and analyze the limitations of felony murder.

Question 43

Circumstances that would lend towards a harsher penalty during sentencing are known as _____________________.

Question 44

Discuss the differences between criminal homicide and non-criminal homicide. What defenses are available in certain homicides? What role does the definition of a human being play in these defenses?

Question 45

Circumstances that would lend toward a lighter or reduced criminal penalty during sentencing are known as ______________.

Question 46

John is fired from a local chemical plant, and out of revenge, John returns that evening and intentionally sets fire to the plant. John is not aware that a night watchman is asleep in one of the offices of the chemical plant. The watchman dies in the fire. John may be liable for felony murder.

Question 47

The three distinct elements of sudden heat of passion, adequate provocation, and causation are the elements required for ___________________.

Question 48

Discuss the elements required for first and second-degree murder. Why is it important to distinguish between the two? What major element determines the difference between the two degrees of murder?

Question 49

___________________ is an unlawful homicide committed with the malice aforethought required for murder.

Question 50

Individuals have sought the assistance of their physicians in ending their lives, a practice known as __________________.

Question 51

States that grade murders by degree generally treat any murder that is not "willful, premeditated, and deliberate" as __________________.

Question 52

If one person kills another person without justification, excuse, or any mitigating circumstances, that person is said to have killed with _____________________.

Question 53

______________ is a legally neutral term and for it to be criminal, it must be unjustified and unexcused.

Question 54

Most jurisdictions continue to retain the common law definition of the beginning of life, but Massachusetts and several other states have begun to treat viable fetuses as _______________.

Question 55

Two major definitions or interpretations influence federal and state court rulings in murder cases because each defies accurate definition that is agreeable to all Americans. The beginning and end of human life are those two definitions. Analyze present definitions of human beings in respect to the beginning and end of human life as each applies to America's homicide offenses. Compare the decisions of courts in various states and review the results of those decisions. Should the U.S. Supreme Court delegate a strict definition of when a human body is perceived as a human being? What influence would such a ruling have on criminal laws addressing murder cases in each state?

Question 56

The defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution is an example of _________________.

Question 57

_________________ occurs when an unintentional death results from another non-felonious criminal act.

Question 58

A death caused by an arson fire before it is extinguished occurs in furtherance of the arson and renders the arsonist liable for _________________.

Question 59

_______________ is the rule concerning a husband catching his wife in the act of adultery providing adequate provocation to reduce a charge for killing another from murder to manslaughter.

Question 60

An issue that eventually plagues every American is the eventuality of death. However, some Americans discover they are forced to face situations that demand decisions of whether to prolong life through artificial means or to allow a loved one to die. Others long to be released from life because of the pain or debilitating conditions that prevent them from functioning in life. Analyze present cases where physicians have contributed to the death or suicide of a patient. Analyze cases where a loved one has taken the life of another loved one because of the victim's desire to no longer live with the pain or incurable disease. How do these types of crimes equate to a living will? Discuss how these crimes remain a major debate in America. Debate the realities of the decisions one must make when it comes to deciding if a loved one should be allowed to die.