Question 1

Which of the following do the authors identify as prosecutorial burdens in all homicide cases?

Accepted Answer

The authors identify proof that the victim was alive and that the victim's death was proximately caused by the defendant as prosecutorial burdens in all homicide cases. Option A and C may be relevant in certain cases, but they are not universal burdens in all homicide cases. Option B is also relevant in most homicide cases, but on its own, it does not cover the entire burden of proof.

Question 2

Which one of the following statements is INCORRECT?

Accepted Answer

Under early English common law, suicide was indeed considered a crime, often referred to as "self-murder," and was punishable by various means, including the forfeiture of the deceased's property.

Question 3

Homicide is generally considered _____________ when committed by accident or misfortune or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

Accepted Answer

When homicide is committed by accident or misfortune or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent, it is considered excusable homicide.

Question 4

The term "corpus delicti" refers to ______________________.

Accepted Answer

The term "corpus delicti" refers to the body of the crime, which includes the physical or tangible evidence that a crime has been committed. It refers to the objective proof that the defendant has committed the crime charged, rather than the defendant's confession or admission alone. In other words, the prosecution must prove that a crime has been committed and that the defendant was responsible for it, and this requires evidence beyond the defendant's mere statements.

Question 5

In 2005, the __________ case focused national attention on the need for individuals to execute legal directives clearly defining the extent of extraordinary medical procedures to be taken in the event a person is in a persistent vegetative state.

Accepted Answer

The Terri Schiavo case received national attention in 2005 and centered on the issue of whether or not to remove life support from Schiavo, who was in a persistent vegetative state. It highlighted the importance of individuals executing legal directives, such as living wills, to clearly define their wishes in the event of such a situation.

Question 6

At common law, ____________ was the "unlawful killing of another with malice aforethought."

Accepted Answer

The definition given is that of murder. Mayhem is the intentional mutilation or disabling of someone, while manslaughter is the unlawful killing of another without malice aforethought. Wrongful death refers to a civil action brought by the survivors of someone who was killed due to the negligence or wrongful act of another.

Question 7

Which one of the following statements about the law of homicide is INCORRECT?

Accepted Answer

A police officer who kills a fleeing felon is an example of a justifiable homicide, not an excusable homicide. Excusable homicides are typically accidental or committed in self-defense but involve some level of negligence or mistake. Justifiable homicides, on the other hand, are typically intentional but justified under the circumstances (such as self-defense or defense of others).

Question 8

When death is inflicted by public officers in obedience to a court judgment or in discharge of certain other legal duties it is considered._________.

Accepted Answer

When death is inflicted by public officers in obedience to a court judgment or in discharge of certain other legal duties, such as self-defense or preventing a felony, it is considered justifiable homicide. Voluntary manslaughter refers to killing in the heat of passion, while involuntary manslaughter refers to accidental killing. Excusable homicide is a killing that can be justified due to a mistake or lack of intent.

Question 9

__________ usually requires proof of gross or culpably negligent conduct that results in another's death.

Accepted Answer

Involuntary manslaughter is the unintentional killing of another person without malice, but usually requires proof of gross or culpable negligence. Mayhem refers to intentionally mutilating or disfiguring another person, first-degree murder involves premeditated and intentional killing, and aggravated battery refers to causing serious bodily harm.

Question 10

At common law, _______________ was the unintentional killing of another by the accused's gross or wanton negligence.

Accepted Answer

Involuntary manslaughter is the unintentional killing of another by the accused's gross or wanton negligence. Voluntary manslaughter involves intent but may be mitigated by circumstances such as provocation or heat of passion. Negligent homicide and reckless homicide are not typically used as terms in common law, but they may be used in specific state or national jurisdictions.

Question 11

In a first-degree murder case, the prosecution usually attempts to establish _________ by introducing evidence bearing on the defendant's motive and state of mind.

Accepted Answer

Premeditation refers to the defendant's pre-planning or deliberation to commit the murder. The prosecution will introduce evidence such as the defendant's statements, actions, and past behaviors to establish premeditation, which can help prove the defendant's guilt of first-degree murder. Motive and state of mind, which are also mentioned in the question, are important factors that can contribute to establishing premeditation. Negligence refers to a failure to exercise reasonable care and is not relevant in a first-degree murder case. Culpability and animus are not incorrect, but they are not as directly relevant as premeditation in establishing first-degree murder.

Question 12

In Washington v.Glucksberg (1997) the U.S.Supreme Court reversed a federal appellate court's decision striking down a state statute prohibiting _________.

Accepted Answer

In Washington v. Glucksberg, the U.S. Supreme Court ruled that there was no constitutional right to assisted suicide and upheld a state statute prohibiting it. Therefore, the correct choice is A) assisted suicide.

Question 13

The common law developed a doctrine that where an accused was engaged in the commission of a felony and a homicide occurred, the felonious act was regarded as a substitute for the proof of malice aforethought required to find the defendant guilty of murder.This became known as the ____________ doctrine.

Accepted Answer

The given description perfectly matches the felony-murder doctrine which states that if a person is committing a felony and a death occurs during the commission of that felony, the perpetrator can be charged with murder even if they did not have the specific intent to kill.

Question 14

At common law, _____________ was defined as the unlawful killing of one human being by another when no malice was involved.

Accepted Answer

Manslaughter is defined as the unlawful killing of one human being by another, but differs from murder in that it is committed without malice, premeditation, or deliberation. Mayhem refers specifically to the malicious mutilation or dismemberment of another person's body, and wrongful death refers to a civil claim made by the survivors of a deceased person against the party responsible for their death.

Question 15

The prosecution can establish premeditation in a homicide case by proving ________.

Accepted Answer

Premeditation can be established by showing any or all of the factors listed in options A, B, and C. Previous quarrels between the defendant and the victim can demonstrate motive and give context to the crime. The weapon used and the nature of the wounds inflicted on the victim can indicate a deliberate and planned attack. Threats and other expressions of ill will by the defendant toward the victim can show a motive and an intent to harm the victim. Any of these factors can help the prosecution establish premeditation in a homicide case.

Question 16

Which one of the following acts would not be sufficient to convert an otherwise intentional killing of another to manslaughter?

Accepted Answer

Insulting words or accusations, no matter how gross, are generally not considered adequate provocation to reduce an intentional killing to manslaughter.

Question 17

Which one of the following statements is INCORRECT?

Accepted Answer

In the Karen Quinlan Case, the New Jersey Supreme Court actually ruled that withdrawal of life-support systems of a competent adult would not constitute criminal homicide, not of a minor.

Question 18

In Gonzales v.Carhart (2007), the U.S.Supreme Court held __________________.

Accepted Answer

The Supreme Court in Gonzales v. Carhart upheld the Partial-Birth Abortion Ban Act, recognizing the government's interest in banning certain abortion procedures.

Question 19

Which of the following statements is INCORRECT?

Accepted Answer

The U.S.Supreme Court has never held that the Tennessee Supreme Court could not retroactively abolish the "one year and a day" rule. In fact, the U.S. Supreme Court has not specifically addressed the issue of retroactive abolishment of the "one year and a day" rule.

Question 20

At common law, ___________ consisted of an intentional, unlawful killing that occurred in the heat of passion as a result of some adequate provocation.

Accepted Answer

The definition given in the question matches the definition of voluntary manslaughter at common law. Involuntary manslaughter refers to an unintentional killing caused by reckless or criminally negligent behavior. Negligent homicide and reckless homicide are also types of involuntary manslaughter.

Quiz 6: Homicidal Crimes

Which of the following do the authors identify as prosecutorial burdens in all homicide cases?

Which one of the following statements is INCORRECT?

Homicide is generally considered _____________ when committed by accident or misfortune or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

The term "corpus delicti" refers to ______________________.

In 2005, the __________ case focused national attention on the need for individuals to execute legal directives clearly defining the extent of extraordinary medical procedures to be taken in the event a person is in a persistent vegetative state.

At common law, ____________ was the "unlawful killing of another with malice aforethought."

Which one of the following statements about the law of homicide is INCORRECT?

When death is inflicted by public officers in obedience to a court judgment or in discharge of certain other legal duties it is considered._________.

__________ usually requires proof of gross or culpably negligent conduct that results in another's death.

At common law, _______________ was the unintentional killing of another by the accused's gross or wanton negligence.

In a first-degree murder case, the prosecution usually attempts to establish _________ by introducing evidence bearing on the defendant's motive and state of mind.

In Washington v.Glucksberg (1997) the U.S.Supreme Court reversed a federal appellate court's decision striking down a state statute prohibiting _________.

At common law, _____________ was defined as the unlawful killing of one human being by another when no malice was involved.

The prosecution can establish premeditation in a homicide case by proving ________.

Which one of the following acts would not be sufficient to convert an otherwise intentional killing of another to manslaughter?

Which one of the following statements is INCORRECT?

In Gonzales v.Carhart (2007) , the U.S.Supreme Court held __________________.

Which of the following statements is INCORRECT?

At common law, ___________ consisted of an intentional, unlawful killing that occurred in the heat of passion as a result of some adequate provocation.