Criminal Law and Procedure

Question 1

True or False: All murders are malicious crimes?

Answer 1

True

Question 2

True or False: All manslaughters are non-malicious killings?

Answer 2

True

Question 3

True or False: Voluntary manslaughters involve killings that are non-malicious BUT intentional.

Answer 3

True

Question 4

True or False: Involuntary manslaughters involve killings that are non-malicious AND unintentional.

Answer 4

True

Question 5

What are the elements of larceny?

Answer 5

Larceny is the unlawful taking – without force – of another person’s personal property with the intent to permanently deprive that person of their property.

Question 6

What is the definition of murder at common law?

Answer 6

Unlawful killing of another with malice aforethought.

Question 7

What are the 4 mental states that satisfy the malice aforethought requirement?

Answer 7

1. intent to kill
2. intent to cause serious bodily harm
3. depraved-heart murder
4. felony murder

Question 8

What is the definition of felony murder?

Answer 8

A killing proximately caused during the commission of attempted commission of a serious or inherently dangerous felony.

Question 9

What is depraved heart murder?

Answer 9

An unintentional killing resulting from conduct involving a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.