Deck 5: Criminal Homicide

Question 1

Which of the following is a key element of the American System of Classification of criminal homicide?

A)The crime of murder is separated into categories labeled "degrees."
B)The motive for the offense must be proven in every case.
C)The death penalty is a possible penalty in the top two categories of criminal homicide.
D)All unattended deaths are legally presumed to be murders.

Answer 1

A

Question 2

Jack,an intoxicated driver,collides with an automobile driven by Mary,a pregnant female.Mary is not seriously injured but the collision causes her to abort the fetus.Under Texas law,in order to prosecute Jack for the death of the fetus,the prosecution will have to:

A)perform a legal miracle because a fetus is not protected by Texas criminal homicide laws.
B)establish that the fetus,had he or she survived,was capable of living outside the womb.
C)prove that the fetus was alive at the time of the collision.
D)prove that Mary had been pregnant for over three months.

Answer 2

C

Question 3

Peyton is accused of purposely shooting and killing Bill during a deer hunting trip.At trial,Peyton argues that the shooting was not intentional but rather an unfortunate accident.To try to convince the jury that Peyton intentionally killed Bill,the prosecutor could reasonably seek to prove that:

A)Peyton earned the marksmanship badge as a Boy Scout.
B)Peyton is an experience hunter.
C)Peyton had a motive to kill Bill.
D)Peyton does not have a hunting license.

Answer 3

C

Question 4

Which of the following factors distinguishes a criminal homicide from a homicide?

A)existence of a culpable mental state
B)existence of malice
C)existence of an attendant circumstance
D)existence of deadly conduct by either the victim or the perpetrator

Question 5

Late one evening,Charlie is driving his automobile home from a New Year's Eve party.He is severely intoxicated.Charlie drives his car southbound onto the northbound lane of a divided highway.In less than a quarter of a mile,he strikes another vehicle head-on.The other driver is killed instantly.Police arrest Charlie at the scene.Under the American System of Classification of criminal homicide,Charlie has committed:

A)murder by motor vehicle.
B)vehicular homicide.
C)second degree murder.
D)involuntary manslaughter.

Question 6

In Texas,establishment of the motive for a killing may be an element that the prosecution must prove beyond a reasonable doubt in a trial for:

A)capital murder.
B)murder.
C)reckless homicide.
D)any form of criminal homicide.

Question 7

The Texas criminal homicide statutes punish the unlawful killing of an "individual." Which of the following is a factor that must be established to prove the victim meets the statutory definition of an "individual"?

A)Victim was a human being.
B)Victim had been born at time of infliction of fatal wound.
C)Victim took at least one breath outside the womb.
D)All of the above are statutory elements of the definition of an "individual."

Question 8

Under Texas law,a person is considered to be legally dead when he or she meets the statutory standard of being:

A)surgically dead.
B)ipso facto dead.
C)circulatory dead.
D)clinically dead.

Question 9

Sam and Janet are married.Their marriage has not been a happy one.Late one Saturday night,while both are intoxicated,an argument breaks out.During the argument Janet grabs a butcher knife from the kitchen and stabs Sam in the stomach.Sam collapses to the floor dead.Janet says,"I'm so sorry,Sam.I only meant to scare you,not kill you." Under Texas law,Janet has committed:

A)manslaughter because she was reckless in the manner in which she used the knife.
B)capital murder because she was killed her spouse.
C)criminally negligent homicide because she ought not to have stabbed Sam.
D)murder because she intended to cause serious bodily injury and death resulted.

Question 10

Cain and Abel get into an argument.Cain strikes Abel in the head with a wooden board.Abel is knocked unconscious and languishes into a coma.Two years after his injury,Abel dies.The medical examiner determines that the blow to the head was the cause of death.Under Texas law,Cain has committed:

A)no offense because Abel did not die within one year and one day of the blow.
B)murder because he caused Abel's death.
C)manslaughter because Cain's conduct was not premeditated.
D)capital murder because Cain used a deadly weapon during the incident.

Question 11

Under Texas law,a person is considered to be legally dead when he or she meets the statutory standard of being:

A)biologically dead.
B)presumptively dead.
C)effectively dead.
D)medically dead.

Question 12

One January day,Rob kidnaps Suzy,a 12-year-old girl,intending to sexually assault her.He binds and gags her and hides her in an abandoned barn.He leaves her there overnight.Upon his return the next day,Rob discovers that Suzy has frozen to death due to the bitter weather.Under Texas law,Rob has committed:

A)capital murder because the death occurred in the course of a kidnapping.
B)murder under the felony murder rule.
C)manslaughter because he was reckless in leaving her exposed during cold weather.
D)none of the above because Rob lacked a culpable mental state in causing the death.

Question 13

The Texas criminal homicide statutes punish the unlawful killing of an "individual." Which of the following is a factor that must be established to prove the victim meets the statutory definition of an "individual"?

A)Victim was capable of living outside the womb.
B)Victim was alive at time of infliction of fatal wound.
C)Victim was born alive.
D)Victim,if unborn child,had reached the second trimester of gestation.

Question 14

Jason is crossing the street in front of his elementary school when he is struck by a speeding motorist.Jason is transported to the hospital.Because of his injuries,he is placed on artificial life support.After two weeks,Jason shows no sign of recovering from his injuries.Before the motorist can be prosecuted for his death,Jason must be declared legally dead.Since Jason's heart and lungs are being assisted by the artificial life support equipment,the attending physician will determine if Jason is legally dead by noting whether Jason has irreversible cessation of:

A)liver and kidney functions.
B)spontaneous brain functions.
C)gastrointestinal functions.
D)reactive muscular functions.

Question 15

Under the American System of Classification of criminal homicide,if a purposeful killing is shown to have been committed under the influence of sudden rage of passion arising from adequate provocation,the killing would be classified as:

A)a third degree murder.
B)a first degree murder.
C)voluntary manslaughter.
D)involuntary manslaughter.

Question 16

Which of the following is a necessary requirement for a criminal homicide in Texas?

A)a human victim
B)a human perpetrator
C)a culpable mental state
D)All of the above are necessary requirements for a criminal homicide.

Question 17

Carlos has lost his job and his wife has left him.He is despondent and angry at the world.After drinking a bottle of tequila,Carlos obtains a rifle and goes to the local shopping mall.He begins shooting randomly at the shoppers.After ten shots he runs out of ammunition and is subdued by a security guard.Several persons have been injured by his gunshots but only one,a 50-year-old woman,dies from the wounds.Under Texas law,the most serious offense Carlos has committed:

A)murder.
B)capital murder.
C)manslaughter.
D)criminally negligent homicide.

Question 18

When examining the traditional elements of the offense of murder,proof of the killer's motive would be considered to be part of the:

A)actus reus.
B)mens rea.
C)causation.
D)none of the above as motive is not normally an element of murder.

Question 19

Jeff gets in an argument with Jill over the amount of money she spent on a dress she purchased.Ultimately,Jeff strikes her with his fist,knocking her down.As Jill falls,she hits her head on the edge of a table and dies immediately.Jeff immediately telephones for an ambulance.When EMS personnel arrive,he says,"Is she dead? I did not mean to kill her!" In a jurisdiction that uses the American System of Classification of criminal homicide,Jeff would likely be charged with:

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

Question 20

A child darts into the street chasing after a ball.The child is struck by a passing city bus and killed.The operator of the city bus is criminally responsible for the child's death only if the state can prove:

A)the child was under 10 years of age.
B)the bus operator saw the child before the bus struck the child.
C)the bus operator was at least criminally negligent in the operation of the vehicle.
D)the ball was visible in the roadway before the child emerged.

Question 21

All criminal homicides are intentional acts.

Question 22

Prosecutors often use motive to establish that a killing was intentional rather than accidental.

Question 23

Bud,a parcel deliveryman,parks his delivery truck on a sloping road.In order to deliver a package,he exits the truck,leaving the motor running.Because he is in a hurry,Bud fails to place the truck's transmission in "park" or set the parking brake.Bud enters a nearby building with the package.Meanwhile,the truck begins to move down the hill.It jumps the curb and strikes two children who are playing in the park.Both children are killed.As to the deaths of the children,the most serious offense Bud has committed is:

A)no offense because the deaths were an accident.
B)capital murder because two children were killed in the same incident.
C)criminally negligent homicide because he was criminally negligent in not following the motor vehicle laws regarding leaving an unattended vehicle running and failing to set the truck brakes.
D)murder because of the "misdemeanor murder rule."

Question 24

Ernie has grown weary of the neighbor kid's cutting across his lawn on their way to and from school.He has told them several times to stay off his lawn but the kids have ignored his request.One afternoon Ernie decides to scare the children by shooting over their heads if they enter his yard.As a group of children steps onto his lawn,Ernie runs outside firing his rifle well over their heads.The children flee screaming.Unfortunately,one of the bullets ricochets off of a telephone pole and strikes Melody,a seven-year-old girl.Melody is killed instantly.The most serious offense,if any,Ernie has committed is:

A)capital murder because he caused the death of a child under 10 years old.
B)manslaughter because he caused a death through reckless use of a deadly weapon.
C)murder because Ernie knew that firing the rifle near the children would likely result in a death.
D)no offense because Ernie lacked the intent to physically harm any of the children.

Question 25

Rocco is serving a 20-year sentence in the state prison.He decides to try to escape.He fashions a weapon from a scrap of metal and hides it in his boot.The next day while working on a lawn crew at the warden's home,Rocco makes a run for it.The correctional officer gives chase.Rudy,a passing citizen,notices the incident and joins the chase.Rudy tackles Rocco.In the ensuing scuffle Rocco pulls out the improvised weapon and stabs Rudy three times.A few seconds later the correctional officer subdues Rocco and returns him to custody.Rudy dies of the wounds.Under Texas law,the most serious offense Rocco has committed is:

A)capital murder.
B)murder.
C)manslaughter.
D)none of the above because he was acting in self-defense toward Rudy's conduct.

Question 26

Jurisdictions that use the American System of Classification of criminal homicide have established a standardized set of elements for each offense that is consistent from one state to another.

Question 27

Vic decides to make money selling illicit drugs.Harry approaches Vic about buying some drugs.Vic tells Harry to meet him at midnight behind a local bar and bring $10,000.At midnight,Harry shows up at the appointed place but instead of Vic selling him drugs,Vic shoots Harry dead and takes the $10,000.The next day,Vic reads in the newspaper that Harry was an undercover police officer.As to the police officer's death,Vic has committed capital murder because:

A)he intentionally murdered a peace officer in the line of duty.
B)he caused a death during the course of committing another felon,the sale of illegal drugs.
C)he intentionally murdered another person while committing a robbery.
D)of any of the above reasons.

Question 28

Ramona is driving down the street in her car.She is also sending a text via her smartphone.Distracted by the texting,she fails to notice a stop sign at the intersection.She proceeds into the intersection without slowing.She strikes a pedestrian who has stepped off the curb to cross the street.Even though she is only traveling about 20 miles per hour,the collision knocks the pedestrian in the air.Upon landing on the street,the blow to the head kills the pedestrian.Under Texas law,the most serious offense,if any,Ramona has committed is:

A)no offense as the death of pedestrian was an accident.
B)criminally negligent homicide.
C)vehicular homicide.
D)involuntary manslaughter.

Question 29

Sheila offers $5,000 to Seth if Seth will kill Vern,Sheila's husband.Seth agrees to the deal.The following evening as Vern is crossing the street,Seth runs over Vern with his automobile.Vern dies that night at the hospital.Sheila collects Vern's $1,000,000 life insurance policy.She uses part of the proceeds to pay Seth his fee.Under Texas law,the most serious offense Sheila has committed is:

A)no offense because she did not kill anyone.
B)capital murder because she employed Seth to kill Vern.
C)capital murder because of the felony murder rule.
D)capital murder because Vern's death was extremely painful.

Question 30

John is driving his sports car at 110 miles an hour in a 45 mile per hour speed zone.The roadway is a windy and hilly rural two-lane road.The sports car tops a hill just as a farmer pulling a wagon with a tractor is crossing the road just beyond the crest of the hill.John is unable to avoid the tractor and crashes into it.The farmer is killed instantly as is a farmhand who is riding on the trailer.Under Texas law,the most serious offense John has committed is:

A)capital murder because he killed two individuals in the same incident.
B)murder because at high speed an automobile is considered a deadly weapon.
C)manslaughter because operating the automobile at such a high speed under those road conditions constitutes reckless behavior.
D)no offense because the deaths were an accident.

Question 31

Bob is out hunting on the first day of deer season.He has never been hunting before and is anxious to shoot a deer.Shortly after climbing into his deer stand,Bob hears a rustling in the woods.Figuring that it must be a deer,he fires his rifle in the direction of the sound.The noise stops.He climbs down from the stand to investigate and discovers not a dead deer but a dead person; he has mistakenly shot and killed another hunter! The most serious offense,if any,Bob has committed is:

A)no offense because the death was an accident.
B)murder.
C)capital murder.
D)manslaughter.

Question 32

Brad comes home early from work.He discovers his wife Patricia in bed having sex with Ted,the pizza delivery boy.Enraged,Brad takes a pistol from the nightstand drawer and chases Ted down the street,shooting at him.The third shot hits Ted in the back.He dies immediately.Under Texas law,Brad has committed:

A)no offense because he was justified in killing his wife's lover.
B)manslaughter because it is reckless to shoot a gun down a residential street.
C)murder,felony of the second degree,because Brad was under the immediate influence of sudden passion from adequate cause when he killed Ted.
D)murder,felony of the first degree,because Brad fired multiple shots before causing Ted's death.

Question 33

In Texas,more individuals annually die of non-criminal homicides than criminal homicides.

Question 34

Under the American System of Classification of criminal homicide,the offense of involuntary manslaughter is used to punish deaths caused by involuntary conduct.

Question 35

Red and Fred are working a construction job for BTB Construction Company.One day as the two are pouring a concrete foundation,the forms collapse.Red and Fred are buried under tons of concrete.It takes several days to recover their bodies.Subsequent investigation reveals that the company did not follow appropriate safety and construction standards in building the foundation.Under Texas law,the most serious offense BTB Construction Company has committed is:

A)no offense because a company cannot be held responsible under criminal homicide laws.
B)murder under the felony murder rule.
C)capital murder because more than one person died.
D)criminally negligent homicide.

Question 36

Marta,a 17-year-old high school student,is seven months pregnant.She has not told her parents or boyfriend.One day while walking home she experiences labor pains.Marta goes into the nearby woods.The baby is born.The baby begins to cry.Afraid she will be discovered and unsure about what to do,Marta covers the child with leaves and departs the scene.A few days later the corpse of the baby is discovered.Subsequent investigation leads the police to Marta.Which of the following is correct about this situation?

A)Marta has committed capital murder because she knowingly caused the death of the child.
B)Marta has committed no offense because she did not purposely kill the child.
C)Marta has committed no offense because under Texas law a mother is not criminally responsible for the death of a minor child.
D)Marta has committed only criminally negligent homicide as she ought to have been aware that the child would die if left alone in the woods.

Question 37

Under the American System of Classification of criminal homicide,a death which occurs during the commission of another inherently dangerous felony (i.e.,felony murder)is classified as a first degree murder.

Question 38

Jurisdictions that use the American System of Classification of criminal homicide have established two or more degrees of murder,the differences being largely dependent on the brutality of the offender's conduct.

Question 39

Motive is an element that must be proven beyond a reasonable doubt in every murder prosecution.

Question 40

All homicides are criminal acts.

Question 41

Under Texas law,an unborn fetus can be the victim of a criminal homicide.

Question 42

The crime of murder under the Texas Penal Code is committed only if the accused intentionally causes the death of another individual.

Question 43

Purposefully causing a death through use of poison is a capital offense in Texas.

Question 44

The Texas Penal Code applies the criminal homicide statutes only to individuals that have been born alive before the moment of the criminal conduct.

Question 45

In a murder-for-hire case,both the killer and the individual who hired the killer have committed capital murder.

Question 46

The intentional or knowing killing of any Texas public employee is treated as a capital murder under the Penal Code.

Question 47

In the process of being arrested,Paul punches Officer Mike,a police officer,in the nose several times.In response,Officer Mike draws his pistol and shoots and kills Paul.Officer Mike has committed the offense of manslaughter.

Question 48

Angry that she has overdrawn the checking account,an intoxicated Jacob beats his wife Sarah to death.Jacob has committed murder but his penalty can be treated as a felony of the second degree.

Question 49

If a person is a previously convicted felon,any death he or she causes in the future is treated as a murder under the felony murder rule.

Question 50

Under Texas law,a person is legally dead only when a magistrate formally declares them dead.

Question 51

Manslaughter is an appropriate charge for an individual who caused a death through his risky and dangerous behavior even though he did not intend to kill anyone.

Question 52

Under Texas law,any of the three forms of murder can be elevated to a charge of capital murder if one of the statutory aggravating circumstances exists.

Question 53

Under Texas law,a person in a vegetative state is considered to be legally dead for the purposes of the criminal homicide statutes.

Question 54

If irreversible cessation of an individual's spontaneous respiratory and circulatory functions occurs,the person is said to be clinically dead.

Question 55

In murder cases,prosecutors often establish the reason for the killing as a means to satisfy the jury's curiosity regarding why the death occurred.

Question 56

Both mass murders and serial murders qualify as the offense of capital murder under Texas law.

Question 57

Deaths resulting from careless handling of firearms are generally treated as the offense of murder under Texas law.

Question 58

Deaths that are the direct result of violations of the traffic laws are normally prosecuted as violations of the criminally negligent homicide statute.

Question 59

An "individual" must be born and alive before he or she falls within the scope of coverage of the Texas criminal homicide statutes.

Question 60

An unintended death during the commission of a robbery is considered murder under Texas law while a purposeful death during a robbery is considered a capital murder.

Question 61

If use of a medical life support system prevents a determination of whether an individual's heart is beating naturally,the individual is considered legally dead if he or she has irreversible cessation of spontaneous ________ function.

Question 62

In criminal homicide cases,certain elements of the offense can be proven only by circumstantial evidence.To rebut an accused's claim that his killing of the victim was accidental,the prosecution might show that the accused had a ___________ to desire the victim dead.

Question 63

Under the traditional American System of Classification of criminal homicides,the offense of voluntary manslaughter is an intentional killing that lacks the element of ________.

Question 64

The two methods of determining whether or not a person is legally dead are ______ death and _________ death.

Question 65

Corporations may be held criminally responsible for committing criminally negligent homicide if the company's failure to abide by worker safety regulations causes a death.

Question 66

Under the traditional American System of Classification of criminal homicides,the most serious form of criminal homicide is ________ degree murder.

Question 67

The primary difference between a homicide and a criminal homicide is the absence or presence of a ______ mental state.

Question 68

If Jason knowingly places poison in Rebecca's coffee and she dies as a result,Jason has committed the crime of __________.

Question 69

While fleeing in his car following the robbery of a liquor store,Jesse inadvertently strikes and kills Frank,a pedestrian crossing the street.Jesse can properly be convicted of murder under the application of the ____ murder rule.

Question 70

Under the Texas Penal Code,an _______________ is "a human being who is alive,including an unborn child."

Question 71

To convict an accused of criminally negligent homicide,the prosecution must establish that the accused acted in a wanton or reckless manner in causing the death.

Question 72

____________ manslaughter is the term used in the traditional American System of Classification of criminal homicides to describe unlawful killings that do not fit within any other category

Question 73

Murders and manslaughters,but not accidental deaths,are forms of ____________ homicides.

Question 74

To successfully pursue criminal homicide charges against an individual for killing a pregnant woman's fetus,the prosecutor must establish that the fetus was __________ at the time of the fatal action.

Question 75

Although it is almost always proven in murder cases,_________ is actually an element of the offense only in certain forms of capital murder.

Question 76

For conduct to constitute a criminal homicide,generally there must not only be a death but a _____(three words)_____.

Question 77

Ben is the beneficiary of a $1,000,000 life insurance policy on his business partner Johnny.If Johnny dies unexpectedly under mysterious circumstances,Ben may become the prime suspect because he has a ____________ to wish Johnny dead.

Question 78

Under Texas law,the primary test for determining whether or not an individual is legally dead is known as __________ death.

Question 79

Under the Texas Penal Code,human life begins at the point of _____________.

Question 80

Bob and Ray get into a fistfight.Bob grabs a nearby shovel and strikes Ray.The blow ruptures Ray's kidney and he dies.Bob tells the police Ray was his friend and he did not intend to kill Ray.Nonetheless,Bob is facing murder charges because he intended to cause serious bodily injury to Ray and committed an act ___(two words)_____ to human life.