Deck 8: Criminal Homicide

Question 1

The corpus delicti requirement,includes the fact that

A)the prosecution can use the defendant's statements or confession alone to prove that a crime has been committed.
B)evidence alone cannot determine guilt without some statement or confession from the defendant.
C)the prosecution cannot use statements of the defendant,or his or her confession alone,to prove that a crime has been committed.
D)there must be proof that the victim died,but it need not be as a result the accused person's criminal act.

Answer 1

C

Question 2

__________ is an example of an involuntary condition that excludes the actor from criminal liability?

A)"Disregarding advice from doctors by driving or operating dangerous equipment knowing that he or she is subject to heart failure or epilepsy"
B)"Deaths to others that occur while the actor is unconscious (for instance,suffering from a heart attack or epileptic seizure)or during a genuine case of sleepwalking"
C)"Knowingly driving while sleepy"
D)"Knowingly drinking to the point of passing out"

Answer 2

B

Question 3

The common law felony murder rule created murder liability for all deaths that occurred as a result of the participant ____ the felony.

A)perpetrating
B)attempting
C)fleeing
D)All the above are correct.

Answer 3

D

Question 4

The MPC does not include __________ as a category of criminal homicide.

A)feticide
B)manslaughter
C)murder
D)negligent homicide

Question 5

The determination of a defendant's mental state at the time of the killing act can be difficult because

A)the determination must be made before the act takes place.
B)state of mind can only be established a personal understanding of the defendant's mind.
C)state of mind can only be established by circumstantial evidence.
D)the determination must be made at the time of the crime by either a witness or by the defendant's statement or confession.

Question 6

A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting

A)recklessly.
B)negligently.
C)with implied malice.
D)with express malice.

Question 7

A justifiable homicide could include

A)the prevention of a crime,including crimes other than murder.
B)the purpose of protecting property only.
C)the purpose of protecting habitation only.
D)the defense of human life.

Question 8

Whether the accused __________ should NOT be considered when jurors evaluate prior calculation and design.

A)and the victim were on bad terms with each other,or had a strained relationship
B)had any history of mental illness
C)knew the victim before the killing
D)gave careful thought and preparation to the weapon used,and to the place where the killing occurred

Question 9

__________ is NOT a symptom of brain death.

A)A flat electroencephalograph reading after a 24-hour period of observation
B)The absence of spontaneous movements or breathing
C)The absence of reflex activity
D)The absence of recognition of surrounding environment

Question 10

To establish premeditation and deliberation,many modern courts require

A)a brief moment of thought that does not imply any particular duration of thought or consideration.
B)a lengthy and clearly-established period of actual reflection.
C)no period of actual reflection.
D)a reasonable period of time of deliberation.

Question 11

The year and a day rule's time limit is a(n)____________ of criminal liability.

A)partial defense
B)felony murder rule
C)mitigating circumstance
D)absolute rule

Question 12

An applicable example of the ____________ is a drive-by shooting in which three perpetrators shoot the same victim.If medical records demonstrate that bullets from all three guns struck vital organs while the victim was still alive,each shooter may be held liable for causing the victim's death.

A)absolute rule
B)substantial factor test
C)felony murder rule
D)but for test

Question 13

According to the _________,a defendant will be held criminally liable for a death if the other elements of criminal homicide are met and if,without the defendant's conduct,the victim would not have died at that point in time.

A)substantial factor test.
B)"but for" test.
C)absolute rule.
D)felony murder rule.

Question 14

__________ is a primary stage of development for determining when death occurs in a fetal homicide.

A)Conception
B)Seven to eight weeks after conception
C)Viability
D)All the above are correct.

Question 15

A(n)__________ is NOT an example of homicide.

A)suicide performed by a terminally ill patient
B)state's execution of a convicted serial killer
C)accidental death caused by an automobile driver striking a pedestrian on a rainy day
D)death intentionally caused by a serial killer

Question 16

Many states divide murder into degrees based on

A)the severity of the crime.
B)the level of culpability of the accused.
C)special circumstances under which the killing was committed.
D)All the above are correct.

Question 17

The various types and degrees of homicide include

A)murder
B)voluntary manslaughter
C)involuntary manslaughter
D)All the above are correct.

Question 18

Potential victims of felony murder do not include

A)non-law enforcement persons attempting to rescue the victim.
B)all co-felons.
C)the intended victim of the underlying felony.
D)the principal actor of the crime.

Question 19

Typical criminal homicide motives do NOT include

A)fear.
B)jealousy.
C)financial gain.
D)revenge.

Question 20

__________ is NOT an example of murder?

A)"The accused causes a death in the course of committing a misdemeanor"
B)"Any killing that results from extreme reckless conduct"
C)"The accused causes a death in the course of committing a felony"
D)"The actor intends to maim or seriously injure the victim but not kill the victim"

Question 21

One way that first-degree murder can be downgraded to second-degree murder is by the presence of planning and plotting to end the life of another.

Question 22

Under the common law rule,which still exists in some jurisdictions,a provocation defense required the accused to show that

A)The killing was caused by legally sufficient provocation.
B)the provocation was of such a degree as would cause a person of reasonable ordinary temperament.
C)the killer acted in the heat of passion.
D)All the above are correct.

Question 23

Malice aforethought is not a single state of mind,but five distinct states of mind that sometimes overlap.

Question 24

A killing committed where _________ is considered murder in the first degree regardless of circumstances in many states.

A)the person killed was a family member of the accused
B)the killing occurred during a bank robbery
C)the person killed was a police officer or prison guard
D)All the above are correct.

Question 25

One who is guilty of __________ if someone dies because s/he did not exercise the degree of care that an ordinary person would have exercised under the same circumstances.

A)negligent homicide.
B)reckless homicide.
C)voluntary manslaughter.
D)homicidal misconduct.

Question 26

Voluntary manslaughter is an intentional,unlawful killing of a human being without malice aforethought.

Question 27

All homicides are criminal.

Question 28

Give three examples of inherently dangerous felonies that are listed in your text.

Question 29

_________ is NOT an accurate definition of the behavior needed to be guilty of involuntary manslaughter.

A)Criminally negligent conduct
B)Culpable negligence
C)A non-wantonly reckless manner
D)Mere negligence

Question 30

Name the five elements of criminal homicide.

Question 31

The __________ cannot be used to reduce murder to manslaughter.

A)imperfect self-defense
B)diminished mental capacity
C)provocation
D)implied malice

Question 32

A private citizen who mistakenly uses deadly force is not held criminally liable for the death of the victim.

Question 33

In order for a defendant to be held criminally responsible for causing the death of another human being,the victim must be alive at the time of the defendant's actions.

Question 34

Mitigating defenses can reduce murder charges to an acquittal.

Question 35

An essential element distinguishing murder from manslaughter is malice aforethought.

Question 36

In virtually all cases,courts will find felony murder liability if death was a foreseeable outcome in carrying out the felony.

Question 37

Under modern American law,both suicide and attempted suicide are crimes.

Question 38

A feticide can be defined as an abortion performed before viability is reached.

Question 39

Name the four mental states that are used under modern law to define malice aforethought.

Question 40

Medical malpractice and the intervening criminal acts of others are foreseeable consequences of subjecting an innocent victim to injury.

Question 41

Name the three circumstances in which murder in the first degree is committed.

Question 42

Under common law,what were the five types of legally sufficient provocation that the accused could claim for a successful "heat of passion" defense? Which is no longer valid today?