CRJ 122 - Chapter 8 Quiz
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
D: all of the answers are correct
The common law felony murder rule created murder liability for all deaths that occurred as a result of the felony participant's ___ the felony A: perpetrating B: attempting C: fleeing D: all of the answers are correct
D: all of the answers are correct
The various types and degrees of homicide include A: murder B: voluntary manslaughter C: involuntary manslaughter D: all of the answers are correct
D: all of the answers are correct
Under the common law rule, which still exists in some jurisdictions, a provocation defense required the accused to show that A: the killing was caused by legally sufficient provocation B: the provocation was to such a degree as would cause a person of reasonable ordinary temperament to lose normal self-control C: he or she acted in the heat of passion D: all of the answers are correct
D: all of the answers are correct
Which of the following is a stage of fetal development that determines the type of fetal homicide? A: conception B: seven to eight weeks after conception C: viability D: all of the answers are correct
D: all of the answers are correct
___ cannot be used to justify a reduction of a charge from murder to manslaughter A: imperfect self-defense B: diminished mental capacity C: provocation D: implied malice
D: implied malice
In general, it is accepted that lethal force is justified A: for the prevention of a crime, including crimes other than murder B: for the sole purpose of protecting property C: for the sole purpose of protecting habitation D: in the defense of human life
D: in the defense of human life
Feticide differs from legal abortions in that feticide A: is generally protected by the mother's right to privacy until the fetus is viable B: requires the mutual consent of both parents before the procedure is performed C: is liable for prosecution as a criminal homicide irrespective of the developmental stage of the fetus D: is performed on a viable fetus and the mother's health should not be at risk
D: is performed on a viable fetus and the mother's health should not be at risk
___ is NOT an accurate definition of the behavior needed to be guilty of involuntary manslaughter A: criminally negligent conduct B: culpable negligence C: a nonwantonly reckless manner D: mere negligence
D: mere negligence
Potential victims of felony murder do NOT include A: non-law enforcement persons attempting to rescue the victim B: all co-felons C: the intended victim of the underlying felony D: the principle actor of the crime
D: the principal actor of the crime
Under common law, what are the five types of legally sufficient provocation that the accused could claim for a successful "heat of passion" defense?
Harmful battery. Assault with intention to kill or at least seriously injure. The infidelity of a spouse. Serious injury done to a close relative. Because of a known, illegal arrest.
Name the five elements of criminal homicide
an act or omission that causes death of another human being with criminally culpable mens rea without lawful justification or excuse
Name the three circumstances in which murder in the first degree is committed
an intentional killing aggravated by premeditation and deliberation an unintentional killing committed by poison, torture, ambush, or bomb a killing occurring during the commission of specifically enumerated or inherently dangerous felonies
Name the four mental states that are used under modern law to define malice aforethought
intent to kill intent to inflict serious bodily injury a show of extreme reckless disregard for human life the commission of a felony that results in another's death.
An essential element distinguishing murder from manslaughter is malice aforethought
true
Courts have determined that complications such as medical malpractice and the intervening criminal acts of others are foreseeable consequences of subjecting an innocent victim to injury
true
In order for a defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at the time of the defendant's actions
true
In virtually all cases, courts will find felony murder liability if death was a foreseeable outcome in carrying out the felony
true
Malice aforethought is not a single state of mind, but five distinct states of mind that sometimes overlap
true
One way that second-degree murder can be elevated to first-degree murder is by premeditation and deliberation, which implies a cold-blooded killer who plans and plots to end the life of another
true
Voluntary manslaughter is an intentional, unlawful killing of a human being without malice aforethought
true