Chapter 10 Powerpoint pt. 2

Question 1

True or False: Under common law, defendant was held liable for the life of an unborn child

Answer 1

False; At common law, defendant was not liable for the life of an unborn child unless, the child was born alive and with the capacity for independent existence.

Question 2

Most states hold a criminal liable for the life of an unborn child if the prosecution is able to prove (beyond a reasonable doubt) that the _____ is _____.

Answer 2

fetus

viable

Question 3

The ______ ______ ______ maintains the common law “_____ _____” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.

Answer 3

Model Penal Code

“born alive”

Question 4

The Model Penal Code maintains the _______ ____ “born alive” rule in order to avoid a possible conflict between the law of abortion and the criminal law rule concerning the fetus.

Answer 4

common law

Question 5

The Model Penal Code maintains the common law “born alive” rule in order to avoid a possible conflict between the law of ________ and the criminal law rule concerning the _____.

Answer 5

abortion

fetus

Question 6

Most states have adopted a _____ _____ test for death.

Answer 6

brain death

Question 7

Some states still use the ____-____-_-___ rule for death.

Answer 7

year-and-a-day

Question 8

Most states will charge murder if the defendant’s actions were the _________ _____ of the victim’s death, mostly regardless of ________ ____.

Answer 8

proximate cause

elapsed time

Question 9

Brain death tests has been adopted by most states as an alternative to the _______ __________ __ ______ Act.

Answer 9

Uniform Determination of Death

Question 10

What is the Year and a Day rule?

Answer 10

a common law standard that provides that an individual is criminally responsible only for a death that occurs within one year of his or her criminal act

Question 11

What are the two requirements to depraved heart murder?

Answer 11

(1) conduct

(2) intent

Question 12

________ ______ ______ is an act that creates a very high degree of risk or bodily injury.

Answer 12

Depraved Heart Murder

Question 13

Depraved Heart Murder places at least one person in ______

Answer 13

danger

Question 14

Depraved Heart Murder is committed by an individual who knows, or reasonably should have known, of the ________ nature of his or her _____.

Answer 14

dangerous

acts

Question 15

Depraved heart murder= dangerous act creating a high risk of _____ + knowledge of danger created by act

Answer 15

death

Question 16

Depraved heart murder= dangerous act creating a high risk of death + knowledge of ______ created by ____

Answer 16

danger

act

Question 17

________ _____ ______= dangerous act creating a high risk of death + knowledge of danger created by act

Answer 17

Depraved heart murder

Question 18

First degree murder is a combination of ___________ and __________.

Answer 18

premeditation

deliberation

Question 19

True or False: Premeditation may be formed in the few seconds it takes to pull a trigger or deliver a fatal blow

Answer 19

True

Question 20

Capital and Aggravated First-Degree Murder are murders that are subject to the ______ _______ or ____ __________.

Answer 20

death penalty

life imprisonment

Question 21

What determines the presence of aggravating factors when it comes to capital and aggravated first-degree murder?

Answer 21

(1) Victim
(2) Offender
(3) Criminal act
(4) Felony Murder

Question 22

True or False: all states have a universal understanding of second degree murder

Answer 22

False; Different states have varying definitions.

Question 23

_________ ______ must outweigh any existing _________ ___________, when it comes to Capital and Aggravated First-Degree Murder.

Answer 23

Aggravating factors

mitigating circumstances

Question 24

When it comes to Depraved Heart Murder ______ is implied.

Answer 24

malice

Question 25

When it comes to ________ _____ ______ malice is implied.

Answer 25

Depraved Heart Murder

Question 26

______ ______- is a murder that occurs during the commission of a felony regardless of whether the killing is committed with deliberation and premeditation, intentionally, recklessly, or negligently

Answer 26

Felony Murder

Question 27

Why do we have the felony-murder rule?

Answer 27

(1) Deterrence
(2) Protection of Life
(3) Punishment
(4) Prosecution

Question 28

What are the theories of felony murder?

Answer 28

(1) agency theory

(2) proximate cause theory

Question 29

Which theory of felony murder is this: a felon is responsible for deaths committed by a felon or a co-felon, but not for deaths committed by someone acting as an adversary?

Answer 29

Agency Theory

Question 30

Which theory of felony murder is this: a felon is responsible for all foreseeable deaths during the commission of a dangerous felony?

Answer 30

Proximate Cause Theory

Question 31

The _____ _____ _____ limits the felony murder to killings that are recklessly committed during the course of certain felonies.

Answer 31

Model Penal Code

Question 32

The Model Penal Code limits the ______ murder to killings that are _________ committed during the course of certain felonies.

Answer 32

felony

recklessly

Question 33

________ _______ is a killing in which a business is held criminally responsible.

Answer 33

Corporate murder