Question 1

After a jury trial, a jury found that Sam killed the victim as a result of deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. This type of homicide is known as ______.

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

D

Accepted Answer

The description given in the scenario fits the definition of depraved heart murder, which is a form of second-degree murder where a person intends to commit a reckless act that shows extreme disregard for human life, resulting in death. It is also known as "depraved indifference murder." This is different from voluntary manslaughter, which involves the intentional killing of a person in a sudden, passionate response to a provocation. First-degree murder, on the other hand, requires premeditation and deliberation, while second-degree murder involves an intent to kill but without the premeditation or planning.

Question 2

One night, Alvin entered a convenience store intending to rob it. When he entered, he shoved a gun in the store clerk's face and demanded money. Unbeknownst to Alvin, the store clerk had a loaded gun under the cash register. At a moment when Alvin was distracted and looking out the window, the store clerk pulled the weapon and fired a gunshot in an attempt to scare Alvin. Unfortunately, the gunshot hit one of the customers in the store. Which of the following is true?

A) Alvin is likely guilty of the customer's death under the agency theory of felony murder.
B) Alvin is likely guilty of depraved heart murder.
C) Alvin is likely guilty of voluntary manslaughter.
D) Alvin is likely guilty under the proximate cause theory of felony murder.

D

Accepted Answer

Alvin is likely guilty under the proximate cause theory of felony murder. Under this theory, if someone dies during the commission of a felony (in this case, robbery), the person committing the felony (Alvin) can be held responsible for the death, even if it was unintentional. The death must have been a direct result of the felony, and it must have been foreseeable. In this case, the death of the customer was a direct result of the robbery, and it was foreseeable that someone could get hurt during a robbery. Therefore, Alvin can be held responsible for the death under the proximate cause theory of felony murder.

Question 3

Vic fired his gun several times into the window of a crowded store. Although he was not aiming at anyone, one of the bullets hit a customer. The customer died shortly thereafter. Vic's conduct meets the test for what type of homicide?

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

B

Accepted Answer

Vic's conduct meets the elements of second-degree murder, as he intentionally fired his gun into a crowded store without a specific target in mind, and his actions resulted in the death of a customer. This is not considered premeditated, which would qualify for first-degree murder. It also does not involve the heat of passion or sudden provocation, which are elements of voluntary manslaughter. Negligent manslaughter involves unintentional killing due to negligence or failure to exercise reasonable care, which does not apply in this scenario.

Question 4

Which of the following is not a basis for aggravated first-degree murder?&#10;A) killing of multiple victims&#10;B) murder for hire&#10;C) killing committed during a misdemeanor&#10;D) killing to prevent a witness from testifying

Accepted Answer

Aggravated first-degree murder is generally defined as a premeditated and intentional murder that is accompanied by specific aggravating factors. These factors may vary depending on the state, but typically include the killing of multiple victims, murder for hire, or killing to prevent a witness from testifying. However, killing committed during a misdemeanor is not usually included as a basis for aggravated first-degree murder.

Question 5

The mens rea of first-degree murder requires deliberation, premeditation, and malice.

Accepted Answer

The mens rea of first-degree murder does require deliberation, premeditation, and malice. This means that the perpetrator has intentionally planned and carried out the murder with the intent to cause harm or death to the victim.

Question 6

The &#34;unlawful killing of a human being&#34; or &#34;causing the death of a person&#34; constitutes the mens rea of homicide.

Accepted Answer

The "unlawful killing of a human being" or "causing the death of a person" constitutes the actus reus (the physical act) of homicide, not the mens rea (the mental element). Mens rea refers to the intent or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Question 7

Malice is implied in cases of depraved heart murder.

Accepted Answer

Malice, or an intent to cause harm, is not required for a charge of depraved heart murder. Instead, it involves acting with extreme recklessness and indifference to human life, showing a conscious disregard for the safety of others.

Question 8

According to the common law, a defendant may be guilty of the murder of a fetus in the mother's womb.

Accepted Answer

The answer of According to the common law, a defendant...

Question 9

Most states have adopted a brain death test to determine when brain death occurs.

Accepted Answer

Most states in the United States have adopted a brain death test to determine when brain death occurs, typically involving a series of tests and evaluations performed by medical professionals to assess brain activity and function. This determination is important for various purposes, such as determining when to withdraw life support or use organs for transplant.

Question 10

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

Accepted Answer

The agency theory of felony murder, also known as the proximate cause theory, limits criminal liability to the acts of the felon and co-felons involved in the commission of the underlying felony. This means that any death resulting from the commission of the felony is attributed to the felon and their accomplices rather than any innocent parties involved.

Question 11

Deterrence is a rationale for the felony murder rule.

Accepted Answer

The answer of Deterrence is a rationale for the felony...

Question 12

The Model Penal Code has rejected the common law &#34;born alive&#34; rule.

Accepted Answer

The answer of The Model Penal Code has rejected the...

Question 13

Max, Mark, and Matt plotted to rob a bank. Max and Mark would rob the bank while Matt would be the getaway driver. Upon arriving at the bank, Max and Mark raised their guns, pointed them at bank employees and customers, and demanded money from the tellers. Meanwhile, a police officer who was conducting business in the bank confronted Max and Mark to lower their weapons. When Max and Mark refused to do so, the police officer shot at them, hitting Max and killing him. Mark fired back, and one of his bullets hit and killed a customer. Analyze this case under the agency theory and the proximate cause theory of felony murder.

Accepted Answer

The answer of Max, Mark, and Matt plotted to rob...

Question 14

How are premeditation and deliberation relevant to first-degree murder, and how are they established?

Accepted Answer

The answer of How are premeditation and deliberation relevant to...

Question 15

Explain the crime of misdemeanor manslaughter.

Accepted Answer

The answer of Explain the crime of misdemeanor manslaughter....

Question 16

What is the difference between depraved heart murder and negligent manslaughter?

Accepted Answer

The answer of What is the difference between depraved heart...

Deck 7: Homicide