Question 1

Suppose that the victim suffered a broken neck as the ex-convicts were initially kidnapping him.The ex-convicts dump the victim on the side of the same rural, dimly-lit road, and the victim dies a short time later.A medical examiner later testifies that the broken neck led to asphyxiation, which was the ultimate cause of death.Which of the following charges seems most applicable? Assume all types of homicide charges are available options to the prosecutor.

Accepted Answer

Felony murder is applicable because the death occurred during the commission of a felony (kidnapping), and the broken neck caused by the ex-convicts led to the victim's death.

Question 2

In 2003 Congress enacted a law proscribing partial birth abortions.Lower federal courts found the law unconstitutional.In Gonzales v.Carhart (2007), the Supreme Court, in a 5-4 decision, reversed and held that the government has right to ban abortions that involve partial delivery of a living fetus.The dissenting justices viewed the decision as alarming.Explain the competing views of the majority and dissenting justices.

Accepted Answer

The answer of In 2003 Congress enacted a law proscribing...

Question 3

Describe three instances where a jury can find a defendant charged with murder guilty of the lesser-included offense of manslaughter.

Accepted Answer

The answer of Describe three instances where a jury can...

Question 4

A statute that prohibits "killing of a human being caused by operation of a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another" defines the offense of ______________.

Accepted Answer

The answer of A statute that prohibits "killing of a...

Question 5

Explain what is meant by "felony murder." Can a defendant be convicted of first-degree murder based on the felony-murder doctrine?

Accepted Answer

The answer of Explain what is meant by "felony murder."...

Question 6

Which of the following pieces of evidence would best enable a district attorney to levy a charge of first degree murder against the wife?

Accepted Answer

Option A provides evidence that the wife had premeditated the murder by purchasing a gun in anticipation of the affair and knowing that the couple will be in the bedroom at that time, indicating first-degree murder. The other options do not necessarily provide evidence of premeditation or knowledge. Option B indicates a crime of passion or heat of the moment, which is not first-degree murder. Option C indicates a possible motive, but it does not prove that the wife committed the murder. Option D does not provide evidence that the wife had premeditated the murder or knew about the affair.

Question 7

Convictions for second-degree murder often reflect a ___________ where a jury concludes that circumstances surrounding the killing do not justify the penalty for first-degree murder.

Accepted Answer

The answer of Convictions for second-degree murder often reflect a...

Question 8

The state legislature has before it a proposed bill to provide that any person who assists another person in committing suicide shall be guilty of a felony.What arguments can be logically advanced in support or rejection of the proposed law?

Accepted Answer

The answer of The state legislature has before it a...

Question 9

The state would likely charge the husband with:

Accepted Answer

The answer of The state would likely charge the husband...

Question 10

Which of the pieces of evidence would point to a classic "heat of passion" voluntary manslaughter charge?

Accepted Answer

A "heat of passion" voluntary manslaughter charge typically involves a situation where the defendant acts in a sudden and intense emotional state provoked by circumstances, such as discovering an affair unexpectedly, without premeditation.

Question 11

The prosecution bears several burdens unique to homicide cases.First, it must establish the__________, or body of the crime.

Accepted Answer

The answer of The prosecution bears several burdens unique to...

Question 12

Which of the following might suggest justifiable homicide?

Accepted Answer

Justifiable homicide may occur when a law enforcement officer uses deadly force while performing their duties, such as making a lawful arrest.

Question 13

Discuss the unique burdens of the prosecution in securing a conviction for a homicidal crime.

Accepted Answer

The answer of Discuss the unique burdens of the prosecution...

Question 14

Suppose the victim gets hit by a speeding car shortly after the ex-convicts leave him on the side of the road.The victim was standing in the shoulder waving his arms for help, and the driver swerved into him.It turns out the driver of the car was driving 20 miles over the speed limit and texting at the time of the accident.Which of the following charges seems appropriate for the driver?

Accepted Answer

The driver was driving 20 miles over the speed limit, which constitutes reckless driving. Additionally, the driver was texting at the time of the accident, which shows a clear disregard for the safety of others on the road. These actions contributed to the victim's death, making vehicular homicide an appropriate charge. First-degree murder and felony murder would not be appropriate charges as they require an intentional killing or the commission of a felony resulting in death, neither of which apply to this scenario.

Question 15

Today, statutes often define ____________ as the "unlawful killing of a human being without malice."

Accepted Answer

The answer of Today, statutes often define ____________ as the...

Question 16

Which of the following scenarios might suggest an excusable homicide in this instance?

Accepted Answer

This scenario suggests excusable homicide because the wife was acting in self-defense after the "other woman" pointed a gun at her. This could be seen as a justifiable use of deadly force to protect oneself. None of the other scenarios suggest excusable homicide.

Question 17

All jurisdictions have now adopted laws that specifying that irreversible cessation of _______ activity constitutes death.

Accepted Answer

The answer of All jurisdictions have now adopted laws that...

Question 18

Which of the following legal concepts is most applicable to this scenario?

Accepted Answer

Involuntary manslaughter is the most applicable legal concept because the person did not intend to kill the victim, but their reckless behavior resulted in the victim's death. Neither first-degree murder nor second-degree murder is appropriate as there was no premeditation or malice aforethought. Voluntary manslaughter requires intent, but in this scenario, it was an accident, so it does not apply.

Question 19

Suppose the temperature outside is minus 10 degrees Fahrenheit, and the kidnap victim freezes to death overnight.Felony murder is not applicable in this jurisdiction.Which of the following homicide charges seems most appropriate for our ex-convicts?

Accepted Answer

The answer of Suppose the temperature outside is minus 10...

Question 20

The husband's defense attorney is likely to seek to have the charges reduced to:

Accepted Answer

Manslaughter is the most likely charge the defense attorney would seek to have the charges reduced to. Manslaughter is generally defined as the unlawful killing of another person without malice or premeditation. In this case, if the husband assisted his wife in taking her own life, he may argue that he did not have the necessary intent for a murder charge. Instead, he may argue that he should be charged with manslaughter, which carries a lesser penalty than murder.

Quiz 6: Homicidal Crimes