Question 1

The term _____________ refers to all cases in which a human being kills another human being by his or her own act, omission, or procurement.

Accepted Answer

B

Question 2

A killing committed in self-defense or by accident or any other circumstance that the law permits is called:

Accepted Answer

C

Question 3

A killing that is intentional but carries no evil intent and is permitted by law, such as one involving capital punishment or a killing by a law enforcement officer in the line of duty when attempting to prevent a felony, is called:

Accepted Answer

A justifiable killing is one that is intentional but carries no evil intent and is permitted by law, such as capital punishment or a law enforcement officer's actions in the line of duty.

Question 4

Two difficult recurring conceptual issues are present in homicide law, with different jurisdictions handling each issue differently statutorily. Those two issues are:

Accepted Answer

The two recurring conceptual issues in homicide law are defining "another human being" and determining the legal definition of "death," as these affect how homicide is charged and prosecuted.

Question 5

The advance of medical science has in some ways complicated our lives, specifically because of the availability and viability of transplantation and the use of ventilators to prolong life and the relationship that the definition of death has to the _______________ element of homicide.

Accepted Answer

The definition of death is related to the causation element of homicide, as it determines when a death has occurred and whether an act can be considered to have caused that death.

Question 6

_______________________, literally translated, means "the body of the crime" and refers to the body or other material substance of a crime that constitutes the foundation of that particular crime.

Accepted Answer

Corpus delicti literally means "the body of the crime" and refers to the body or other material substance of a crime that constitutes the foundation of that particular crime.

Question 7

Some courts have abandoned the requirement of corroborating evidence for some crimes because it is difficult or impossible to get a tangible corpus delicti for some crimes. Examples do not include which of the following?

Accepted Answer

Kidnapping typically involves tangible evidence such as witness testimony, physical evidence, or victim statements, making it different from crimes like attempt, conspiracy, or income tax evasion, where corroborating evidence may be more challenging to obtain.

Question 8

Regardless of the definition, all acts classified as murder generally require how many elements?

Accepted Answer

The answer of Regardless of the definition, all acts classified...

Question 9

Under the common law and many current definitions murder required malice aforethought, which means:

Accepted Answer

Malice aforethought refers to the intention to kill or cause grievous harm without legal justification or excuse, indicating a premeditated and intentional act.

Question 10

Under the California statute, malice aforethought is ______________ when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is _______________ when no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart.

Accepted Answer

Under California law, malice aforethought is "express" when there is a deliberate intention to unlawfully take a life, and "implied" when there is no significant provocation or the circumstances show an abandoned and malignant heart.

Question 11

The most common murders involve the intent to kill. The intentional use of a deadly weapon may be introduced as evidence from which a(n) _______________ of intent to kill may be made, although that may be refuted.

Accepted Answer

An inference of intent to kill can be made from the intentional use of a deadly weapon, as it suggests the person had the intent to cause harm or death.

Question 12

Death that results from serious bodily injuries may be __________ when it can be shown that the defendant intended to inflict serious or great bodily harm, even though there was no intent to kill.

Accepted Answer

When a defendant intends to inflict serious or great bodily harm and death results, it can be classified as murder, even if there was no intent to kill, because the intent to cause serious harm demonstrates a reckless disregard for human life.

Question 13

Killings resulting from the extremely reckless conduct created by the defendant are in some jurisdictions known as _________________ murders. It is said they are the product of an abandoned and malignant heart or wickedness.

Accepted Answer

Depraved heart murders occur when a person acts with extreme recklessness and disregard for human life, demonstrating a "depraved heart" or "abandoned and malignant heart."

Question 14

An unintended death resulting from the commission of a felony may be classified in some jurisdictions as ________________ murder.

Accepted Answer

Felony murder is a legal doctrine that holds a person responsible for a death that occurs during the commission of a felony, even if the person did not intend to kill anyone.

Question 15

Although the common law had no degrees of murder, most modern statutes divide murder into at least two categories in order to assess different penalties. Under this scheme, those that are deliberate, premeditated, intent to kill murders as well as felony murders during the commission of certain enumerated felonies are categorized as:

Accepted Answer

First-degree murder includes deliberate, premeditated killings and felony murders committed during certain felonies, distinguishing it from other types of murder or manslaughter.

Question 16

One of the key elements of first-degree murder is_____________, which refers to the act of planning, deliberating, designing, or thinking out in advance an intention to kill another person.

Accepted Answer

Premeditation refers to the act of planning or thinking out in advance an intention to kill, which is a key element of first-degree murder.

Question 17

An unlawful killing that does not involve malice aforethought but that occurs after adequate provocation is called:

Accepted Answer

Voluntary manslaughter involves an unlawful killing that occurs in the "heat of passion" after adequate provocation, without premeditation or malice aforethought.

Question 18

A killing that is committed recklessly but unintentionally, as when one is under the influence of alcohol or other drugs, is called:

Accepted Answer

Involuntary manslaughter involves unintentional killing resulting from recklessness or criminal negligence, such as driving under the influence.

Question 19

A killing that is not lawful or justified but involves no malice, only negligence, is involuntary manslaughter and in some jurisdictions is called:

Accepted Answer

The answer of A killing that is not lawful or...

Question 20

The estimated number of serious violent crimes in 2014 was less than the 2013 estimate?

Accepted Answer

The estimated number of serious violent crimes in 2014 was 0.2% less than the 2013 estimate.

Quiz 5: Criminal Homicide