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CRJ 122 - Chapter 8 Quiz

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

false

All homicides are criminal

false

Malice aforethought is a special legal term that refers to the actus reus element of murder at common law

false

Mitigating defenses can reduce murder charges to an acquittal

false

None of the states holds a private citizen liable for the death of a victim if the citizen mistakenly uses deadly force

false

Under common law definitions and the current laws of many states, express malice occurs when an actor causes death . without intending to kill

false

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

false

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

Arson rape kidnapping

Typical criminal homicide motives do NOT include A: fear B: jealousy C: financial D: revenge

A: fear

The MPC does NOT include ___ as a category of criminal homicide A: feticide B: manslaughter C: murder D: negligent homicide

A: feticide

At common law, which of the following constitutes legally sufficient provocation for an accused to claim a heat of passion defense? A: infidelity of a spouse B: vile or abusive verbal insults C: a blasphemous act D: serious injury to a distant relative

A: infidelity of a spouse

Which of the following terms is defined as a criminal homicide that encompasses a killing done without intent to kill, and without such indifference to human life as to constitute implied malice, as a result of criminally negligent conduct on the part of the defendant? A: involuntary manslaughter B: justifiable homicide C: capital murder D: voluntary manslaughter

A: involuntary manslaughter

__ is defined as a criminal homicide committed by a person who has neglected to 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

A: negligent homicide

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

A: recklessly

A(n) is NOT an example of a 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

A: suicide performed by a terminally ill patient

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 of time A: substantial factor test B: "but for" test C: absolute rule D: felony murder rule

B: "but for" test

Which of the following is an example of an involuntary condition that would exclude an 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 C: knowingly driving while sleepy D: knowingly drinking to the point of passing out

B: deaths to others that occur while the actor is unconscious

Whether the accused ___ should NOT be considered when jurors evaluate prior calculation and design in a first-degree murder 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

B: had any history of mental illness

Which of the following can be classified as an inherently dangerous felony? A: possession of marijuana for personal use B: residential burglary C: bullying of juveniles D: driving while intoxicated

B: residential burglary

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

B: substantial factor test

Identify a true statement about the felony murder rule A: under the rule, the prosecution has the burden of proving specific intent to kill B: the rule applies as long as there was an intent to commit the felony and a death resulted C: in modern jurisdictions, the rule is inapplicable to unintentional or unintended killings D: the rule excludes felonies classified as inherently dangerous

B: the rule applies as long as there was an intent to commit the felony and a death resulted

___ is defined as a charge of murder with the maximum punishment of death, often called murder in the first degree A: voluntary manslaughter B: felony murder C: capital murder D: involuntary manslaughter

C: capital murder

The determination of a defendant's mental state at the time of the killing can sometimes be difficult to establish because A: it must be determined before the act takes place B: the defendant's state of mind can only be established through a personal understanding of the defendant's mind C: the defendant's state of mind can only be established by circumstantial evidence D: it must be made at the time of the crime by either a witness or by the defendant's statement or confession

C: the defendant's state of mind can only be established by circumstantial evidence

According to the corpus delicti requirement, ___ 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 the defendant's statements or 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 of the accused person's criminal act

C: the prosecution cannot use the defendant's statements or confession alone to prove that a crime has been committed

Which of the following circumstances constitute murder in the first degree in numerous states? A: when the person killed, as a family member of the accused B: when the killing occurred during a bank robbery C: when the person killed, was a police officer or prison guard D: all of the answers are correct

C: when the person killed, was a police officer or prison guard

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

D: a reasonable period of time of deliberation

The time limit imposed by the year-and-a-day rule is a(n) ___ of criminal liability A: partial defense B: felony murder rule C: mitigating circumstance D: absolute rule

D: absolute rule

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 of the answers are correct