Deck 5: Crimes Against a Person

Question 1

The intentional killing of another person without malice, but in the heat of passion, is:

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

Answer 1

B

Question 2

Misdemeanor manslaughter is usually a form of:

A)involuntary manslaughter.
B)excusable homicide.
C)voluntary manslaughter.
D)temporary insanity.

Answer 2

A

Question 3

The negligence required for involuntary manslaughter ordinarily is:

A)gross negligence.
B)exceedingly gross negligence.
C)ordinary negligence.
D)wanton disregard.

Answer 3

A

Question 4

"As a result of careful thought and planning," refers to the issue of:

A)premeditation.
B)wanton disregard.
C)depraved heart.
D)felony murder.

Question 5

The presence of malice aforethought differentiates:

A)voluntary manslaughter from involuntary manslaughter.
B)murder from manslaughter.
C)first-degree murder from second-degree murder.
D)felony murder from first-degree murder.

Question 6

"Malice aforethought" is a required element of:

A)assault and battery.
B)manslaughter.
C)criminal homicide.
D)murder.

Question 7

Criminal homicides are graded primarily on the basis of:

A)use of deadly weapons.
B)mens rea.
C)surrounding circumstances.
D)motivation.

Question 8

Battery is defined as:

A)an unlawful touching.
B)a serious injury.
C)the threat to injure.
D)causing fear on the part of the victim.

Question 9

Felony murder:

A)requires a premeditated killing.
B)is less serious than first-degree murder.
C)is a form of negligent homicide.
D)may be first-degree murder.

Question 10

The reason why a person commits a crime is:

A)the intent.
B)the purpose.
C)the objective.
D)the motive.

Question 11

Which is usually considered adequate to provoke the heat of passion?

A)solicitation to commit a crime.
B)insulting words.
C)adultery.
D)theft.

Question 12

Voluntary manslaughter is a killing that would be considered murder except:

A)it was committed by accident.
B)the act was committed in the heat of passion.
C)it was the result of criminal negligence.
D)it was committed pursuant to an irresistible impulse.

Question 13

Common law defined rape as requiring "carnal knowledge," meaning:

A)sodomy.
B)offensive touching.
C)sexual battering.
D)sexual intercourse.

Question 14

Common law divided homicide into:

A)murder, manslaughter, and negligent homicide.
B)first-degree and second-degree murder.
C)murder and manslaughter.
D)premeditated and heat-of-passion murder.

Question 15

In most jurisdictions, criminal homicide committed with a wanton or depraved heart is:

A)negligent homicide.
B)involuntary manslaughter.
C)first-degree murder.
D)second-degree murder.

Question 16

The unlawful killing of another person during the course of an unlawful act (other than a felony) or through negligence during the course of a lawful act is:

A)justifiable homicide.
B)voluntary manslaughter.
C)involuntary manslaughter.
D)excusable homicide.

Question 17

The mens rea for battery requires:

A)the specific intent to injure.
B)the specific intent to seriously harm another.
C)the intent to frighten.
D)at least recklessness.

Question 18

In rape law, the victim's consent or lack thereof is determined by:

A)the subjective belief of the attacker.
B)the actions of a reasonable person.
C)the victim's prior sexual experience.
D)the totality of the circumstances.

Question 19

In order to prove that a criminal homicide has been committed, the prosecutor must:

A)prove that an unlawful act caused the death.
B)produce the body of the dead person.
C)prove that a death occurred.
D)prove that death was not due to natural causes.

Question 20

The "marital rape exception" refers to the rule that:

A)only men, not women, can rape.
B)incest, not rape, applies to sexual relations within a family.
C)men can rape only women who are not their wives.
D)women cannot refuse any form of sex with their husband.

Question 21

An attempted battery in which no touching occurred is usually classified as:

A)stalking.
B)assault.
C)communicating a threat.
D)mayhem.

Question 22

Extortion differs from robbery in what way?

A)In extortion, the offender obtains title; in robbery, possession is passed.
B)Only robbery requires that the victim be physically injured.
C)Robbery requires threat of immediate harm; extortion may involve future harm.
D)Extortion is not a felony.

Question 23

Robbery requires all of the elements of a larceny, plus:

A)taking by force or threat of force.
B)physical injury to the victim.
C)extortion.
D)use of a weapon.

Question 24

Like false imprisonment, kidnapping is:

A)a crime against children.
B)a crime against personal liberty.
C)a crime against nature.
D)a crime against public morals.

Question 25

Unlawfully confining or restraining liberty is:

A)kidnapping.
B)extortion.
C)false imprisonment.
D)abduction.

Question 26

Robbery requires taking property:

A)through fraud.
B)from another person.
C)by wrongful conversion.
D)with intent to temporarily deprive.

Question 27

Which of the following is not a required element of offer-battery assault?

A)The victim's awareness of the threat
B)A reasonable apprehension of immediate battery
C)Some act that causes apprehension
D)An intent to harm the victim

Question 28

The asportation element in kidnapping refers to:

A)confining the victim in a secret place.
B)confining the victim by force.
C)moving the victim from one place to another.
D)frightening the victim.

Question 29

The definition of assault includes:

A)attempted-battery assault only.
B)offer-battery assault only.
C)both attempted-battery assault and offer-battery assault.
D)threatening words.

Question 30

Under the attempted-battery form of assault, the intent required is:

A)recklessness.
B)negligence.
C)the intent to cause serious bodily harm.
D)the intent to commit a battery.