Chapter 10 Powerpoint pt. 1

Question 1

________ is considered the most serious criminal offense.

Answer 1

Homicide

Question 2

The development of the modern law of homicide can be traced to 15th-century _______.

Answer 2

England

Question 3

The development of the modern law of homicide can be traced to ___th-century England.

Answer 3

15th

Question 4

Initially the common law did not distinguish between types of ________ _________. It was treated _______ whether committed intentionally, in the heat of passion, recklessly, or negligently.

Answer 4

criminal homicide

equally

Question 5

Most state statutes continue to recognize the distinction between _______ and manslaughter.

Answer 5

murder

Question 6

Most state statutes continue to recognize the distinction between murder and ___________.

Answer 6

manslaughter

Question 7

Initially, the _______ __ ______ allowed for many to be tried under ecclesiastical court where murder was not subjected to the death penalty until the English monarchy established jurisdiction over homicides

Answer 7

benefit of clergy

Question 8

Initially, the benefit of clergy allowed for many to be tried under ___________ court where murder was not subjected to the ______ _______ until the English monarchy established jurisdiction over homicides

Answer 8

ecclesiastical

death penalty

Question 9

What are the four types of criminal homicide?

Answer 9

(1) justifiable homicide
(2) excusable homicide
(3) murder
(4) manslaughter

Question 10

Which type of criminal homicide is this: includes self-defense, defense of others, defense of the home, and police use of deadly force?

Answer 10

Justifiable homicide

Question 11

Which type of criminal homicide is this: murder committed by individuals who are considered to be legally insane, by individuals with a diminished capacity, or by infants?

Answer 11

Excusable homicide

Question 12

Which type of criminal homicide is this: all homicides that are neither excused nor justified?

Answer 12

Murder

Question 13

Which type of criminal homicide is this: all homicides without malice aforethought that are committed without a justification or excuse?

Answer 13

Manslaughter

Question 14

What are the two types of manslaughter?

Answer 14

(1) Voluntary Manslaughter

(2) Involuntary Manslaughter

Question 15

_______ aforethought is commonly defined as intent to kill with an ill will or hatred.

Answer 15

Malice

Question 16

Malice aforethought is commonly defined as intent to kill with an ___ ____ or _______.

Answer 16

ill will

hatred

Question 17

________ ____ defined depraved heart murder as done with extreme recklessness or negligence.

Answer 17

Common law

Question 18

Common law defined depraved heart murder as done with extreme ___________ or __________.

Answer 18

recklessness

negligence

Question 19

Criminal homicide= unlawful ______ of human being + purposely or knowingly or recklessly or negligently

Answer 19

killing

Question 20

Criminal homicide= unlawful killing of human being + ________ or knowingly or recklessly or __________

Answer 20

purposely

negligently

Question 21

Criminal homicide= unlawful killing of human being + purposely or _________ or ________ or negligently

Answer 21

knowingly

recklessly

Question 22

________ _________= unlawful killing of human being + purposely or knowingly or recklessly or negligently

Answer 22

Criminal homicide

Question 23

What are the five different mental states that malice aforethought was divided into?

Answer 23

(1) Kill or murder
(2) Knowingly causing grievous or serious bodily harm
(3) Depraved heart murder – killing committed with extreme recklessness or negligence
(4) Intent to resist a lawful arrest
(5) Felony murder – murder committed during the commission of a felony

Question 24

Modern state statutes typically divide murder and manslaughter into what categories?

Answer 24

(1) First Degree Murder - Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies
(2) Second Degree Murder – killing with malice and without premeditation
(3) Voluntary Manslaughter
(4) Involuntary Manslaughter

Question 25

What is the difference between voluntary and involuntary manslaughter?

Answer 25

Voluntary Manslaughter – murder in the heat of passion

Involuntary Manslaughter – gross negligence

Question 26

What is the difference between first and second degree murder?

Answer 26

First Degree Murder - Premeditation and deliberation and murder committed in the perpetration of various dangerous felonies
Second Degree Murder – killing with malice and without premeditation

Question 27

Some states include a third type of manslaughter, ________ manslaughter.

Answer 27

vehicular

Question 28

State statutes define the ______ ____ of criminal homicide as the “unlawful killing of a human being” or “causing the death of a person.”

Answer 28

actus reus

Question 29

State statutes define the actus reus of criminal homicide as the “_______ ______ of a human being” or “_______ the _____ of a person.”

Answer 29

unlawful killing
causing
death