Deck 10: Homicide

Question 1

______ is defined as the intent to kill with ill-will or hatred.

A) Malice aforethought
B) Depraved heart
C) Express malice
D) Implied malice

Answer 1

A

Question 2

______ is a killing that is committed with extreme recklessness or negligence.

A) Malice aforethought
B) Depraved heart murder
C) First-degree murder
D) Felony murder

Answer 2

B

Question 3

______ means that a defendant must have been personally aware that his or her conduct created a substantial risk of death or serious bodily harm.

A) Recklessness
B) Negligence
C) Involuntariness
D) Voluntariness

Answer 3

A

Question 4

______ is the killing of another that results from the grossly negligent operation of an automobile or from driving under the influence of intoxicants.

A) Vehicular felony
B) Vehicular manslaughter
C) Vehicular arson
D) Grand theft auto

Question 5

All of the following are reasons for the felony murder rule EXCEPT ______.

A) deterrence
B) resolution
C) punishment
D) prosecution

Question 6

______ includes all murders not involving premeditation and deliberation.

A) Voluntary manslaughter
B) Second-degree murder
C) First-degree murder
D) Involuntary manslaughter

Question 7

______ is also known as murder in the heat of passion.

A) Voluntary manslaughter
B) Second-degree murder
C) First-degree murder
D) Involuntary manslaughter

Question 8

Thirty-one states and the federal government authorize the death penalty. In some states, this is called ______.

A) capital murder
B) felony murder
C) death penalty murder
D) aggravated murder

Question 9

______ is the most serious form of murder.

A) Voluntary manslaughter
B) Second-degree murder
C) First-degree murder
D) Involuntary manslaughter

Question 10

According to most states, when can a defendant be held responsible for the murder of a fetus?

A) at any time
B) when the defendant knew the woman was pregnant
C) when the fetus is viable
D) after the second trimester of pregnancy

Question 11

The ______ theory of felony murder holds felons responsible for foreseeable deaths that are caused by the commission of a dangerous felony.

A) limiting
B) agency
C) proximate cause
D) accomplice

Question 12

An individual may be held liable for ______ in those instances that he or she kills another as a result of the deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not.

A) voluntary manslaughter
B) second-degree murder
C) first-degree murder
D) depraved heart murder

Question 13

A corporation cannot be incarcerated and is, instead, punished by ______.

A) closing the corporation
B) firing the CEO
C) a fine
D) imprisoning the CEO

Question 14

______ provocation is defined as conduct that is sufficient to excite an intense passion that causes a reasonable person to lose control.

A) Culpable
B) Intense
C) Reasonable
D) Adequate

Question 15

The ______ theory of felony murder limits criminal liability to acts of felons and co-felons.

A) limiting
B) agency
C) proximate cause
D) accomplice

Question 16

The mens rea of first-degree murder requires all of the following EXCEPT ______.

A) deliberation
B) premeditation
C) malice
D) randomness

Question 17

Voluntary manslaughter requires that an individual kill in a sudden and intense ______ in response to a conduct that is sufficient to excite a reasonable person.

A) heat of passion
B) rage
C) anger
D) jealousy

Question 18

______ statutes typically punish intentional killings that are committed with malice aforethought that are not premeditated, justified, or excused.

A) Voluntary manslaughter
B) Second-degree murder
C) First-degree murder
D) Involuntary manslaughter

Question 19

______ arises when an individual commits an act that he or she is unaware creates a high degree of human injury or death under circumstances in which a reasonable person would have been aware of the threat.

A) Reckless manslaughter
B) Second-degree manslaughter
C) Voluntary manslaughter
D) Negligent manslaughter

Question 20

______ exists in those cases that an individual possesses an intent to cause great bodily harm or the intent to commit an act that may be expected to lead to death or great bodily harm.

A) Malice aforethought
B) Felony murder
C) Implied malice
D) Criminal negligence

Question 21

In which of these instances would the charge of corporate murder be least appropriate?

A) workers for a corporation drying from exposure to toxic chemicals while on a job site.
B) an airplane company deliberately failing to make routine inspections company-wide due to a staffing shortage.
C) a corporate truck driver accidentally rear ending a stopped car on the turnpike.
D) a car company knowingly installing faulty parts in order to cut corners

Question 22

First-degree murder requires ______, which shows that an act was thought out prior to its commission.

A) deliberation
B) premeditation
C) intentionality
D) lying in wait

Question 23

All of the following are definitions that satisfy the actus reus of criminal homicide EXCEPT ______.

A) causing the death of a person
B) unlawful killing of a human being
C) wishing for the death of another individual

Question 24

Seventeen states reject which of the following?

A) the death penalty
B) mitigating factors
C) the concept of involuntary manslaughter
D) the concept of corporate homicide

Question 25

Ava had a tremendous amount of resentment toward her brother Rory. He was friendly and well liked and she felt largely invisible. She began planning to kill him because of her belief that life would be easier if he wasn't able to rub his social success in her face daily. Rory regularly jogged in the park in the morning. Ava knew this and hid in the bushes waiting for him to jog by. As he ran past her she intended to shoot him in the back but missed. If she had been successful in her murder plot, which charge would be most appropriate?

A) voluntary manslaughter
B) involuntary manslaughter
C) first-degree murder
D) second-degree murder

Question 26

Lack of a criminal history, substantially impaired mental capacity, duress, and consent of the victim are all examples of what?

A) mitigating factors
B) practical considerations
C) first-degree murder
D) aggravating factors

Question 27

The biggest difference between first- and second-degree murder is which of the following?

A) First-degree murder requires malice.
B) Second-degree murder does not require malice.
C) First-degree murder requires premeditation and deliberation.
D) Second-degree murder requires premeditation and deliberation.

Question 28

Which forms of homicide involve strict liability?

A) felony murder and misdemeanor manslaughter
B) misdemeanor manslaughter and depraved heart murder
C) depraved heart murder and arson
D) felony murder and rape

Question 29

The ______ is a common law standard that provides that an individual is criminally responsible only for a death that occurs within one year of his or her criminal act.

A) Year and a Day Rule
B) Statute of Limitations
C) Limiting Determination Clause
D) Propinski Rule

Question 30

Which of the following is the appropriate mathematical equation for determining whether an act satisfies the highly dangerous standard of depraved heart murder?

A) there is no mathematical formula
B) each state utilizes its own formula
C) when three or more people are injured or have the potential to be injured by the activity in question and the action was deliberate
D) when minors are involved and there is premeditation

Question 31

An Illinois corporation had been clandestinely dumping toxic waste into a river in a rural area. The board of directors knew of the practice and approved it in order to increase profit margins. If the local residents are affected by the toxic waste and subsequently develop rare diseases or even die as a result of exposure, what may be the most appropriate criminal charge?

A) first-degree murder because it was premeditated and deliberate
B) misdemeanor manslaughter because it was a minor crime
C) corporate murder because the board of directors authorized the actions
D) involuntary manslaughter because it was accidental

Question 32

Which of the following crimes is also referred to as unlawful act manslaughter?

A) negligent manslaughter
B) misdemeanor manslaughter
C) vehicular manslaughter
D) voluntary manslaughter

Question 33

A husband threatened to beat his wife if she did not jump into a stream. She jumped into the stream, the current carried her away, and she was later found dead. The husband's acts likely satisfy the actus reus for which criminal charge?

A) assault
B) battery
C) intimidation
D) homicide

Question 34

The current trend is toward recognizing that a premeditated intent to kill need only exist for what period of time?

A) 24 hours or more
B) only for an instant
C) more than a few seconds
D) more than a week

Question 35

______ is the killing of another during the commission of a crime that does not amount to a felony.

A) Felony manslaughter
B) Felony murder
C) Misdemeanor murder
D) Misdemeanor manslaughter

Question 36

Bethany was hit by a car and has been admitted to the local hospital. Her injuries were very serious and as a result she has been in a coma. She is now considered brain dead but her vital functions are operating thanks to modern technology. Her mother is hoping to collect on Bethany's life insurance in the event she dies. Under what test would Bethany already be considered dead?

A) circulatory cessation test
B) respiratory cessation test
C) brain death test
D) the year and a day rule

Question 37

Russian roulette is an example of which type of murder?

A) felony murder
B) voluntary manslaughter
C) negligent manslaughter
D) depraved heart murder

Question 38

A type of homicide that includes self-defense, defense of others, defense of the home, and police use of deadly force.

A) excusable homicide
B) justifiable homicide
C) murder
D) manslaughter

Question 39

First-degree murder requires ______, which shows the intent to kill that is carried out in a cool state of mind in furtherance of the design to kill.

A) deliberation
B) premeditation
C) intentionality
D) lying in wait

Question 40

Alex recently bought a new car. He wants to take it out for a joyride to see what its capable of. He peels out from stoplights ensuring the tires screech loudly and races any car that happens to pull up next to him. In the excitement of his ride he decides to drive up on the sidewalk at top speed, assuming any pedestrians will jump out of the way. If pedestrians die as a result of his conduct, what is the most likely criminal charge?

A) capital murder
B) voluntary manslaughter
C) vehicular manslaughter
D) depraved heart murder

Question 41

The law of provocation is based on the reaction of a reasonable person.

Question 42

A killing of a police officer, more than one victim, murder for hire, and killing during a prison escape are all examples of what?

A) mitigating factors
B) practical considerations
C) first-degree murder
D) aggravating factors

Question 43

Jimmy is syphoning gas out of a car in the parking lot of his high school. Gas syphoning is considered a misdemeanor. While Jimmy is still syphoning the gas, the owner of the car enters on the opposite side and turns the key in the ignition. As he attempts to start the car, an explosion causes his death. What crime, if any, is appropriate for Jimmy's actions?

A) misdemeanor manslaughter
B) capital murder
C) trespassing only
D) burglary

Question 44

First-degree murder is the most serious form of homicide and can result in the death penalty in all 50 states.

Question 45

The proximate cause theory of felony murder limits criminal liability to the acts of felons and co-felons.

Question 46

Which category of murder includes death resulting from an intent to cause serious bodily harm and depraved heart murder?

A) first-degree murder
B) second-degree murder
C) manslaughter
D) misdemeanor manslaughter

Question 47

First-degree murder is the most serious form of murder and the prosecutor has the burden of establishing recklessness and malice.

Question 48

According to the common law, the fetus has to be viable for the defendant to be liable for murder.

Question 49

Voluntary manslaughter recognizes that a reasonable person under certain circumstances will be provoked to lose control and kill.

Question 50

Manslaughter is defined as all homicides without malice aforethought committed without justification or excuse.

Question 51

An example of negligence is when a defendant pours gasoline through the mail slot of the victim's house and sets the gasoline on fire, killing two of the victim's children.

Question 52

Corporations may not be held criminally liable in those cases that the conduct is performed or approved by corporate managers or officials.

Question 53

A killing that occurs during the course of a felony is punished as murder.

Question 54

Murder is defined as all homicide including those that are excused or justified.

Question 55

Deliberation entails an intent to kill that is carried out in the heat of passion in furtherance of the design to kill.

Question 56

Commonwealth v. Cass held that prenatal injuries resulting in the death of a viable fetus before or after birth is homicide. Roe v. Wade held that a woman has the right to voluntarily consent to an abortion by a licensed physician. How does the Model Penal Code (MPC) avoid a conflict between the law of abortion and the criminal law concerning a fetus?

A) The MPC utilizes the common law born alive rule in order to avoid a possible conflict.
B) The MPC is silent as to the issue.
C) The MPC acknowledges the conflict but does not resolve it.
D) The MPC acknowledges abortion as homicide.

Question 57

State second-degree statutes typically punish intentional killings that are committed with malice aforethought that are not premeditated, justified, or excused.

Question 58

In order to determine when death occurs, a majority of state legislatures and courts now have adopted a brain death test.

Question 59

State capital murder or aggravated murder statutes typically reserve death for premeditated killings with the presence of various aggravated factors or special circumstances.

Question 60

All of the following are acts that satisfy the actus reus requirement of criminal homicide EXCEPT ______.

A) shooting
B) choking
C) poisoning
D) beating

Question 61

What is the difference between the agency theory of felony murder and the proximate cause theory of felony murder?

Question 62

Some courts do not clearly state whether they require negligence or recklessness.

Question 63

David had just finished cleaning his gun on his front porch. He walked inside to throw his rag away when the next door neighbor's 5-year-old son walked over, picked up the gun, and shot himself. The boy died within minutes. What is the rule for depraved heart murder? Should David be found guilty of depraved heart murder? Why or why not? Use examples from your readings to support your answer.

Question 64

What is the difference between express malice and implied malice?

Question 65

What is the difference between depraved heart murder and negligence?

Question 66

The defense of sudden heat of passion is still available if a reasonable person's passion would have cooled off between the time of the provocation and the time of the killing.

Question 67

According to common statutes, how is the beginning of human life determined?

Question 68

Brian, Jake, and Sophia plotted to rob a bank. Brian and Jake will be carrying guns into the bank and Sophia will serve as the getaway drivers. Upon arriving at the bank, Brian and Jake raise their guns, point them toward the direction of customers and employees, and demand money from the tellers. Meanwhile, a police officer sitting with the bank manager gets up and orders Brian and Jake to lower their weapons, who subsequently refused. The police officer shoots toward the two robbers, hitting Jake and killing him. A dangerous shootout ensues and one of Brian's bullets hits and kills a customer. Likewise, one of the police officer's bullets hits and kills another customer. Analyze this case under the proximate cause theory of felony murder.

Question 69

How is premeditation and deliberation established?

Question 70

What is malice aforethought?

Question 71

Sally is frustrated with her neighbor Mary. Mary has been letting her dog relieve itself on Sally's daisies, and she has finally had it. After repeatedly telling Mary to take her dog somewhere else, Sally finally decides she has to teach Mary a lesson. One evening, Sally invites Mary inside for some coffee. While inside, Sally poisons Mary, watches Mary die, chops Mary into pieces, and uses Mary as fertilizer for her daisies. What charges should be brought against Sally? Explain your answer with the legal equation for homicide. What does the prosecutor need to show to get a conviction? How would the prosecutor show this?

Question 72

What is the difference between misdemeanor manslaughter and felony murder?

Question 73

To what situations did the common law limit adequate provocation?

Question 74

Mark suspects that his wife has been cheating on him. In order to confirm his suspicions, he leaves work early in hopes of catching his wife "in the act." As he suspected, Mark's wife was in bed with his best friend. Mark threw down his briefcase, broke some dishes in the living room, and left the house. The next morning, Mark drove to his best friend's apartment. He took a gun out of his glove compartment, walked up to the door, and when his best friend answered, Mark shot him three times. Mark then called the police and stated that he had just murdered his best friend. He did not attempt to flee, but instead waited for the police to arrive. What facts support a conviction for voluntary manslaughter? Could Mark plead voluntary manslaughter based on the claim that his best friend insulted him when he answered the door? Why or why not? What if Mark would have shot his best friend when Mark walked in on his wife and best friend?

Question 75

Brian, Jake, and Sophia plotted to rob a bank. Brian and Jake will be carrying guns into the bank and Sophia will serve as the getaway driver. Upon arriving at the bank, Brian and Jake raise their guns, point them toward the direction of customers and employees, and demand money from the tellers. Meanwhile, a police officer sitting with the bank manager gets up and orders Brian and Jake to lower their weapons, who subsequently refused. The police officer shoots toward the two robbers, hitting Jake and killing him. A dangerous shootout ensues and one of Brian's bullets hits and kills a customer. Likewise, one of the police officer's bullets hits and kills another customer. Analyze this case under the agency theory of felony murder.

Question 76

An unintentional killing that results from an unlawful act not amounting to a felony is termed misdemeanor manslaughter.

Question 77

Give an example of second-degree murder.

Question 78

Involuntary manslaughter involves the intentional killing of another without malice.

Question 79

What is the difference between first-degree murder and second-degree murder?

Question 80

The killing of another human being is considered the most serious criminal offense.