Deck 3: Crimes Against the Person: Murder

Question 1

Which of the following best explains the three categories of homicides under English Common Law?

A) Criminal, justifiable, and excusable
B) Knowing, reckless, and negligent
C) Murder, voluntary manslaughter, and involuntary manslaughter
D) First, second, and third degree murder
E) Felony murder, misdemeanors, and summary offenses.

Answer 1

Criminal, justifiable, and excusable

Question 2

What is the name of the rule stating that use of a deadly weapon is proof of intent to kill?

A) In Res Gestae
B) Requirement of Intent to Kill
C) Malice Aforethought
D) Deadly Weapon Doctrine
E) Professor Plum in the Laboratory

Answer 2

Deadly Weapon Doctrine

Question 3

What rule, based on the res gestae theory, states that if a person is murdered as part of a conspiracy or group act, then everyone involved in the act is responsible for the murder?

A) Felony Murder Rule
B) Mala in Se
C) The Treason and Conspiracy Doctrine
D) Conspiracy to Commit Murder
E) the prosecutors golden rule

Answer 3

Felony Murder Rule

Question 4

Homicide by vehicle is best classified as which of the following?

A) criminal homicide
B) unlawful act manslaughter
C) driving under the influence
D) involuntary manslaughter
E) criminal negligence manslaughter

Question 5

Which rule would apply in the following situation?
A man had decided to kill his wife for the insurance money. The couple went to an extremely crowded festival, where he cunningly pulled a small gun from his pocket and shot at his wife. He was certain that no one would see him do this among such a crowd. But his plan went wrong when his wife moved to the left and the bullet struck (and caused the death of) another person.

A) Res Gestae Theory
B) Felony Murder Rule
C) Exclusionary Rule
D) Negligent Homicide
E) Doctrine of Transferred Intent

Question 6

What is the murder of a newborn or very young child?

A) infanticide
B) euthanasia
C) homicide
D) abortion
E) murder

Question 7

What type of homicide occurs when a soldier kills an enemy combatant in the heat of battle?

A) criminal homicide
B) justifiable homicide
C) excusable homicide
D) conscientious objector
E) unpunished manslaughter

Question 8

Which of the following statements is NOT true of corpus delicti?

A) Circumstantial evidence alone can never be sufficient to show that a crime has been committed.
B) The requirement for corpus delicti can be satisfied even if a body is not found.
C) There is a requirement that the state must prove beyond a reasonable doubt that a crime has indeed been committed.
D) Signs of struggle and/or a witness of an argument or violent struggle between the accused and the victim are sufficient evidence that a crime has been committed.
E) Literally, corpus deliciti means "body of the crime."

Question 9

Which of the following is NOT true concerning the Felony Murder Rule?

A) The felony that was attempted or committed must have involved a conspiracy.
B) The act that caused the death must have occurred while the felony was in progress.
C) There must be a direct causal connection between the felon and the death that occurred.
D) The act must be a common law felony.
E) The felony that was attempted or committed must be one that is dangerous to life.

Question 10

The unintentional killing of a human being by a person engaged in doing some unlawful act not amounting to a felony, or in doing some lawful act in a manner tending to cause death or great bodily injury is called:

A) involuntary manslaughter.
B) voluntary homicide.
C) unintentional manslaughter.
D) involuntary homicide.
E) intentional murder.

Question 11

Under Oregon's Death with Dignity Act, which of the following would constitute a legally assisted suicide?

A) A husband who is not a doctor shoots and kills his terminally ill wife.
B) A medical doctor pushes a terminally ill person off the roof of a tall building.
C) After obtaining statements from two doctors attesting that a man had less than six months to live, that he has freely chosen to die, and he is able to make critical health decisions, a doctor provides the man with sufficient pills to end his life.
D) After obtaining statements from two doctors attesting that a man had less than six months to live, that he has freely chosen to die, and he is able to make critical health decisions, doctors stop providing any medical care.
E) None of the above.

Question 12

Which of the following is/are true about dying declarations?

A) Dying declarations are never admissible because the person making the statement cannot be cross-examined
B) Dying declarations are never admissible because of the hearsay rule.
C) The person hearing the dying declaration can testify as to what was said, but not the statement's truthfulness.
D) Dying declarations are exceptions to the hearsay rule
E) Both C and D are true.

Question 13

Which of the following can be evidence of "malice aforethought"?

A) proof the defendant planned the murder over time
B) proof the defendant became enraged at the victim (or intended victim) just before the murder
C) the defendant's use of a deadly weapon
D) the defendant's lying in wait for the victim
E) all of the above

Question 14

What do prosecutors have to prove to get a conviction for lesser degrees of murder than first-degree murder?

A) The defendant had the intent to do bodily harm.
B) The defendant was reckless in his or her behavior.
C) The defendant intended to kill the victim.
D) A and B only.
E) A, B, and C.

Question 15

Which of the following are necessary to prove a "heat of passion" defense?

A) There must be adequate provocation.
B) The defendant and victim must have been romantically involved.
C) There must have been no opportunity to cool off.
D) There must be a causal connection between the provocation, the rage, anger, and the fatal act.
E) A, B, and D are correct.

Question 16

Euthanasia refers to:

A) young Chinese people.
B) assisted suicide.
C) mercy killing of the terminally ill.
D) verdicts handed down by death panels.
E) B and C only.

Question 17

Living Wills are:

A) documents allowing individuals to give away assets while still alive in order to avoid inheritance taxes.
B) documents allowing individuals to give away assets prior to entering a nursing home so they can qualify for Medicare subsidies.
C) document where an individual sets forth directions regarding medical treatment to be given if the individual becomes unable to participate in decisions regarding health care.
D) A and B.
E) None of the above.

Question 18

You are an attorney defending Joe Smith, who has been charged with murder. The policeman who first arrived at the scene testifies that he "knows Joe Smith is the murderer" because the victim told him so before dying. What is your best course of action?

A) You can do nothing because dying declarations are assumed to be true.
B) You can object and ask the answer to be stricken from the record because the policeman can testify as to what was said, but may not offer any judgment about the statement's truthfulness.
C) You can ask on cross-examination how the policeman knows the victim was telling the truth.
D) Your best move would be to ask for a recess to negotiate a plea bargain.
E) None of the above.

Question 19

Your client was involved in a fight that left the victim in a coma. You negotiated a plea bargain resulting in a five-year jail sentence for your client. Eighteen months after the incident, the victim dies. Now prosecutors are charging your client with murder. What should you do?

A) Argue that the prosecutor has to stick by the plea agreement.
B) If you are in a state where the Year and a Day Rule is in effect, argue that it precludes your client being charged for murder.
C) Renegotiate the plea agreement.
D) Ask for a new trial on the murder charge
E) None of the above.

Question 20

A man spoke to your client about murdering a friend. Initially, your client agreed to help, but later had second thoughts. He told the man he wanted no part of it. The man carried out the crime anyway and then implicated your client. The prosecutor charges your client with Felony Murder. What defense could you present?

A) Argue that no physical evidence connects your client to the crime.
B) Argue that your client had no motive to kill the person.
C) Present evidence that your client withdrew from the conspiracy before the crime was carried out and is therefore innocent.
D) Have your client testify against the trigger man in exchange for immunity.
E) All of the above.

Question 21

Corpus delicti is a term referring to the facts that show that a crime has been committed.

Question 22

In order for a person to be convicted of first-degree murder, the jury must find that he/she had intended to kill the victim.

Question 23

The rule that a death which occurs by accident or chance during the course of the commission of a felony will be classified as first degree murder is called the "Unintentional Murder Rule."

Question 24

Voluntary manslaughter is a term describing a homicide committed with the intent to kill, but without deliberation, premeditation, or malice.

Question 25

The killing of a person in extreme pain and/or suffering from an incurable sickness is called a living will.

Question 26

A murder that is committed out of necessity or duty without any criminal intent is called excusable homicide.

Question 27

Sentences for manslaughter are much more severe than those for first-degree murder.

Question 28

If a person cuts you off on the highway and then makes an inappropriate hand gesture in your direction, and you then follow him to his place of business and shoot him (causing him to die), you can legally claim to have done so in the heat of passion.

Question 29

In order to charge a person with murder, there must be a dead body to show that a crime has actually been committed in the first place.

Question 30

Two or more people who agree to commit a crime constitute a criminal conspiracy.

Question 31

Courts always accept dying declarations as true.

Question 32

The Deadly Weapon Doctrine states that a person's use of a deadly weapon doctrine is proof of the intent to kill.

Question 33

From a prosecutor's point of view, circumstantial evidence is always better than direct evidences.

Question 34

A person hiring a hit man to commit murder is an example of transferred intent.

Question 35

Homicide is the killing of a _________.

Question 36

_________ evidence proves a fact by inference.

Question 37

An intent to kill is considered _________ aforethought.

Question 38

When a defendant injures someone other than who he intended to injure it is called _________ intent.

Question 39

A defendant charged under the felony murder rule is often also be charged with criminal _________.

Question 40

Felony murder is based on the _________ theory.

Question 41

_________ manslaughter is a homicide committed with the intent to kill, but without deliberation, premeditation, or malice.

Question 42

Proving the defendant committed the crime in the _________ can often result in reducing murder charges to manslaughter.

Question 43

A driver believed to be responsible for a death in a traffic accident can be charged with ___________.

Question 44

A document setting forth directions regarding medical treatment should the person become unable to participate in health care decisions is called a ___________.

Question 45

MATCHING.

-Corpus dilecti

A) Use of a deadly weapon is proof of intent to kill.
B) A defendant's plan to injure another.
C) The plan, course or means a person conceives to take another's life.
D) The deliberate commission of a dangerous or deadly act.
E) The fact that a crime has been committed.
F) Real, tangible, or clear evidence of a fact or occurrence.
G) Evidence that proves a fact by inference.

Question 46

MATCHING.

-Circumstantial evidence

A) Use of a deadly weapon is proof of intent to kill.
B) A defendant's plan to injure another.
C) The plan, course or means a person conceives to take another's life.
D) The deliberate commission of a dangerous or deadly act.
E) The fact that a crime has been committed.
F) Real, tangible, or clear evidence of a fact or occurrence.
G) Evidence that proves a fact by inference.

Question 47

MATCHING.

-Direct evidence

A) Use of a deadly weapon is proof of intent to kill.
B) A defendant's plan to injure another.
C) The plan, course or means a person conceives to take another's life.
D) The deliberate commission of a dangerous or deadly act.
E) The fact that a crime has been committed.
F) Real, tangible, or clear evidence of a fact or occurrence.
G) Evidence that proves a fact by inference.

Question 48

MATCHING.

-Intent to kill

A) Use of a deadly weapon is proof of intent to kill.
B) A defendant's plan to injure another.
C) The plan, course or means a person conceives to take another's life.
D) The deliberate commission of a dangerous or deadly act.
E) The fact that a crime has been committed.
F) Real, tangible, or clear evidence of a fact or occurrence.
G) Evidence that proves a fact by inference.

Question 49

MATCHING.

-Malice aforethought

A) Use of a deadly weapon is proof of intent to kill.
B) A defendant's plan to injure another.
C) The plan, course or means a person conceives to take another's life.
D) The deliberate commission of a dangerous or deadly act.
E) The fact that a crime has been committed.
F) Real, tangible, or clear evidence of a fact or occurrence.
G) Evidence that proves a fact by inference.

Question 50

MATCHING.

-Deadly weapon doctrine

A) Use of a deadly weapon is proof of intent to kill.
B) A defendant's plan to injure another.
C) The plan, course or means a person conceives to take another's life.
D) The deliberate commission of a dangerous or deadly act.
E) The fact that a crime has been committed.
F) Real, tangible, or clear evidence of a fact or occurrence.
G) Evidence that proves a fact by inference.

Question 51

MATCHING.

-Felony murder

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 52

MATCHING.

-Voluntary manslaughter

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 53

MATCHING.

-Involuntary manslaughter

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 54

MATCHING.

-Homicide by vehicle

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 55

MATCHING.

-Criminal negligence manslaughter

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 56

MATCHING.

-Unlawful act manslaughter

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 57

MATCHING.

-Intent to do serious bodily harm

A) The crime of causing a death by negligent or reckless behavior.
B) A death caused by a driver's negligence.
C) A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
D) The charge when the defendant is alleged to have committed a crime resulting in a person's death.
E) A defendant's plan to injure another person.
F) A death committed by accident or chance during the commission of a felony.
G) The unintentional killing of a human being by a person engaging in illegal, but not felonious, or reckless behavior.

Question 58

Discuss whether there are circumstances in which the killing of a human being may be justified?

Question 59

Discuss the controversy over euthanasia and living wills.

Question 60

Explain the term "heat of passion" as it applies to a murder case.

Question 61

Explain the "deadly weapon doctrine" and discuss what makes something a deadly weapon