Deck 8: Homicide

Question 1

The killing of a human being by another human being is known as:

A) Homicide.
B) Feticide.
C) Murder.
D) Manslaughter.

Answer 1

Homicide.

Question 2

Which state defines a human being as a fetus that has progressed beyond the embryonic stage of seven to eight weeks?

A) Arizona.
B) California.
C) Florida.
D) Massachusetts.

Answer 2

Massachusetts.

Question 3

When did common law typically define end of life?

A) Language Skills End.
B) Lungs Stop Breathing.
C) Heart Stopped Beating.
D) Brain Function Ends.

Answer 3

Heart Stopped Beating.

Question 4

When does modern law typically define end of life?

A) Language Skills End.
B) Lungs Stop Breathing.
C) Heart Stops Beating.
D) Brain Function Ends.

Question 5

For homicide to be criminal, it must be:

A) Unjustified.
B) Unexcused.
C) Unjustified and Unexcused.
D) Homicide is Always Criminal.

Question 6

This crime is defined as the deliberate, willful, and premeditated killing of another person.

A) First-Degree Murder.
B) Second-Degree Murder.
C) Voluntary Manslaughter.
D) Involuntary Manslaughter.

Question 7

Which does NOT meet the mens rea of first-degree murder?

A) Willful.
B) Voluntarily.
C) Deliberate.
D) Premeditation.

Question 8

The decision as to whether a first-degree murderer will be sentenced to death is usually made by the ________ in a post-trial hearing

A) Jury.
B) Judge.
C) Prosecutor.
D) Bailiff.

Question 9

To sentence a first-degree murderer to death, it is usually required that jurors find (1) at least ________ aggravating factor and (2) ________ mitigating circumstance(s).

A) One; No.
B) One; One.
C) Two; No.
D) Two; One.

Question 10

A person is guilty of ________ when a death results during his or her commission of a violent felony.

A) First-Degree Murder.
B) Second-Degree Murder.
C) Felony Murder.
D) Physician Assisted Suicide.

Question 11

Which philosophy of punishment is the primary logic behind felony murder?

A) Rehabilitation.
B) Incapacitation.
C) Deterrence.
D) Retribution.

Question 12

In regard to felony murder, it is the sequence of the felony from beginning to end.

A) Res gestae.
B) Stare decisis.
C) Malum prohibitum.
D) Mala in se.

Question 13

Which type of criminal homicide does the Model Penal Code not reference: The Model Penal Code references three types of criminal homicide:

A) Murder.
B) Manslaughter.
C) Negligent Homicide.
D) Homicide.

Question 14

The purposeful termination of life by someone other than the patient is known as:

A) Voluntary Manslaughter.
B) Involuntary Manslaughter.
C) Physician Assisted Suicide.
D) Euthanasia.

Question 15

In which state is physician assisted suicide illegal?

A) Montana.
B) New Hampshire.
C) Oregon.
D) Washington.

Question 16

Murder is the killing of a human being by another human being.

Question 17

Some states treat viable fetuses as human beings.

Question 18

The common law stated if someone's heart stopped beating, that person was no longer considered a human being.

Question 19

Certain homicides are legally permissible.

Question 20

Police officers who justifiably kill do not face scrutiny.

Question 21

Malice aforethought is killing another person with justification, excuse, or mitigating circumstances.

Question 22

All states grade murders by degree.

Question 23

There must be more than just intention to kill for a killing to be first-degree murder.

Question 24

Mitigating circumstances are circumstances that would contribute to a harsher penalty during sentencing.

Question 25

Depraved heart killings are also considered second-degree murders.

Question 26

There are limitations to felony-murder.

Question 27

If the homicide occurs first and is later followed by a separate felony, the felony murder rule can still apply.

Question 28

Purposeful termination of life by someone other than the patient is known as voluntary manslaughter.

Question 29

Attempted suicide is a misdemeanor in all states.

Question 30

Causing the death of an unborn fetus is known as ________.

Question 31

Most courts now define ________ in terms of "brain death."

Question 32

Criminal homicide falls into two general categories: murder and ________.

Question 33

Murder is the unlawful killing of another person with ________ aforethought.

Question 34

Separation of a trial into two parts is called ________.

Question 35

A person is guilty of felony murder when a death results during his or her commission of a(n) ________ felony.

Question 36

Purposeful termination of life by someone other than the patient is called ________.

Question 37

The Ford Motor Company's inaction regarding the faulty fuel tank design is an example of ________ murder.

Question 38

Match each type of death with its appropriate definition.

-Second-Degree Murder

A) Purposeful termination of life by someone other than the patient.
B) A person is guilty of this when a death results during his or her commission of a violent felony.
C) Any murder that is not willful, premeditated, and deliberate.
D) The killing of a human being by another human being.
E) The deliberate, willful, and premeditated killing of another person.
F) Has three distinct elements: sudden heat of passion; adequate provocation; and causation.
G) The unlawful killing of another person with malice aforethought.
H) The unlawful killing of another person without malice aforethought.
I) Causing the death of an unborn fetus.
J) Typically an unintentional killing.

Question 39

Match each type of death with its appropriate definition.

-Voluntary Manslaughter

A) Purposeful termination of life by someone other than the patient.
B) A person is guilty of this when a death results during his or her commission of a violent felony.
C) Any murder that is not willful, premeditated, and deliberate.
D) The killing of a human being by another human being.
E) The deliberate, willful, and premeditated killing of another person.
F) Has three distinct elements: sudden heat of passion; adequate provocation; and causation.
G) The unlawful killing of another person with malice aforethought.
H) The unlawful killing of another person without malice aforethought.
I) Causing the death of an unborn fetus.
J) Typically an unintentional killing.

Question 40

Match each type of death with its appropriate definition.

-Involuntary Manslaughter

A) Purposeful termination of life by someone other than the patient.
B) A person is guilty of this when a death results during his or her commission of a violent felony.
C) Any murder that is not willful, premeditated, and deliberate.
D) The killing of a human being by another human being.
E) The deliberate, willful, and premeditated killing of another person.
F) Has three distinct elements: sudden heat of passion; adequate provocation; and causation.
G) The unlawful killing of another person with malice aforethought.
H) The unlawful killing of another person without malice aforethought.
I) Causing the death of an unborn fetus.
J) Typically an unintentional killing.

Question 41

Match each type of death with its appropriate definition.

-Felony Murder

A) Purposeful termination of life by someone other than the patient.
B) A person is guilty of this when a death results during his or her commission of a violent felony.
C) Any murder that is not willful, premeditated, and deliberate.
D) The killing of a human being by another human being.
E) The deliberate, willful, and premeditated killing of another person.
F) Has three distinct elements: sudden heat of passion; adequate provocation; and causation.
G) The unlawful killing of another person with malice aforethought.
H) The unlawful killing of another person without malice aforethought.
I) Causing the death of an unborn fetus.
J) Typically an unintentional killing.

Question 42

Match each type of death with its appropriate definition.

-Euthanasia

A) Purposeful termination of life by someone other than the patient.
B) A person is guilty of this when a death results during his or her commission of a violent felony.
C) Any murder that is not willful, premeditated, and deliberate.
D) The killing of a human being by another human being.
E) The deliberate, willful, and premeditated killing of another person.
F) Has three distinct elements: sudden heat of passion; adequate provocation; and causation.
G) The unlawful killing of another person with malice aforethought.
H) The unlawful killing of another person without malice aforethought.
I) Causing the death of an unborn fetus.
J) Typically an unintentional killing.

Question 43

Define homicide. Explain how criminal and noncriminal homicides are distinguished.

Question 44

In those states that do practice capital punishment, just because someone is convicted of first-degree murder does not mean that person will be sentenced to death. Identify who makes the decision whether someone receives a sentence of death and discuss how this decision is made.

Question 45

Identify and explain the limitations to the felony murder rule.

Question 46

Joey McGrady was driving under the influence of alcohol when he lost control and collided with Melissa Jacobs's car. Melissa was 35 weeks pregnant at the time of the accident. After the accident, Melissa gave birth to a baby boy, Seth, who lived only 11 hours before dying from injuries he sustained in the car crash. The prosecutor charged Joey with vehicular homicide for Seth's death. Joey argues that Seth was not "alive"at the time of the accident so he cannot be charged with homicide. Can Joey be charged with vehicular homicide? Why or why not?

Question 47

Dana Smith was a notorious drug dealer in a dangerous inner-city neighborhood. One afternoon, Stanley Jacobs visited Dana's apartment for the purpose of buying illegal drugs. Dana sold Stanley three pills that she described as "ecstasy."When Stanley took the pills in Dana's presence, she even offered him a beer to wash them down. Two hours later, Stanley died of a drug overdose at a local hospital. The prosecutor wants to charge Dana under the felony murder doctrine and hold her responsible for Stanley's death. Is felony murder applicable to Dana's case? Why or why not?