Deck 1: Definitions and Degrees

Question 1

Where was the first homicide statute in the United States Instituted?

A) Pennsylvania
B) Washington D. C.
C) New Jersey
D) Massachusetts

Answer 1

A

Question 2

Wes K. was shooting pigeons on his street when one of the bullets went through the neighbor's fence where it struck the neighbor and killed him instantly. According to the Model Penal Code, Wes could be charged with murder because:

A) Wes hated his neighbor and this could be considered a motive for murder
B) It is against the law to discharge firearms within city limits
C) He didn't know his neighbor was home
D) Wes was acting reckless

Answer 2

D

Question 3

Each of the following may be considered provocation for a killing to be deemed manslaughter except for:

A) Adultery with offender's spouse
B) Taunting words
C) Illegal arrest
D) Mutual combat

Answer 3

B

Question 4

Prosecutor Bates decided to charge a youngster with a lesser crime because there was evidence that the youngster's father was severely abusive toward the youngster. What is prosecutor bates considering?

A) Felonious circumstances
B) Defense motions
C) Mitigating circumstances
D) Aggravating circumstances

Question 5

According to the felony murder rule, in which of these situations may Robert be found guilty of murder?

A) Robert is a getaway driver and the police shoot a guard while Robert's accomplices are robbing a bank.
B) Robert shoots at a man he is trying to rob. The man runs into traffic and is hit by a car which kills him.
C) Robert's accomplice is shot by a guard while Robert and his accomplice are robbing a bank.
D) In each of these situations, Robert may be found guilty of murder following the felony murder rule.

Question 6

What is capital murder?

A) Murders in which the punishment may be death.
B) Murders which happen in the nation's capital.
C) Murders involving mitigating circumstances.
D) None of these is correct.

Question 7

8. Beardsley was originally found guilty of manslaughter in the killing of Ms. Burns who he had spent the weekend with drinking and taking morphine pills. Did the Supreme Court uphold the guilty verdict?

A) Yes, the Supreme Court upheld the guilty verdict because Beardsley failed to perform his duty to care for Burns.
B) No, the Supreme Court overturned the guilty verdict because Beardsley did not supply the morphine to Burns.
C) No, the Supreme Court overturned the guilty verdict because Beardsley had no legal duty to save Burns.
D) Yes, the Supreme Court upheld the guilty verdict because Beardsley's legal duty to save Burns was transferred to the man who moved Burns out of the apartment.

Question 8

This is the unlawful killing of a human being without premeditation.

A) Murder
B) Manslaughter
C) First Degree Murder
D) Unlawful Murder

Question 9

If a child dies from malnutrition in a state that follows the Model Penal Code, what is the most likely charge?

A) Manslaughter
B) Infanticide
C) Negligent Homicide
D) Involuntary Murder

Question 10

It is easier to find an individual responsible for a wrongful death than it is to find them guilty of murder because

A) The burden of proof is lower in civil case
B) This is untrue, it is just as difficult to find someone responsible for wrongful death
C) Civil courts do no use juries
D) You can hire your own lawyer for a civil case