Criminal Law Quiz 5

Question 1

As the common law developed, murder was distinguished from manslaughter in that murder required…

Answer 1

Malice aforethought

Question 2

True or false: Killing without malice aforethought is manslaughter.

Answer 2

True

Question 3

Voluntary manslaughter involves intentionally killing another in the sudden heat of passion, which…

Answer 3

Was caused by a legally recognized adequate provocation.

Question 4

To prove voluntary manslaughter, the prosecution has to prove that…

Answer 4

The provocation caused the passion and the killing.

Question 5

What is the name of the catchall offense that includes killings that are neither manslaughter nor first-degree murder?

Answer 5

Second-degree murder

Question 6

Knowingly creating a substantial and unjustifiable risk is the definition of…

Answer 6

Recklessness

Question 7

A _________ homicide is a killing in self-defense.

Answer 7

Justifiable

Question 8

An ________ homicide is a killing done by someone ‘not of sound memory and discretion’.

Answer 8

Excusable

Question 9

A __________ murder is defined as an extremely reckless killing.

Answer 9

Depraved heart

Question 10

With intent to cause ‘serious bodily injury’ murder, there is no _______ to kill requirement.

Answer 10

Intent

Question 11

‘Seriously bodily injury’ means bodily injury that involves…

Answer 11

A substantial risk of death
Protracted unconsciousness
Extreme physical pain

Question 12

True or false: Murder is a ‘result’ crime.

Answer 12

True

Question 13

What is the act of ‘killing’ or ‘causing death’? The ‘heart’ of murder?

Answer 13

Actus reus

Question 14

Murder ________ includes the concept of ‘malice aforethought’ and often is stated as any of these mental states: purposely, knowingly, or recklessly.

Answer 14

Mens reus

Question 15

In the United States, ‘degrees’ of murder were created by ______?

Answer 15

Legislators

Question 16

Today, most states divide homicide into ____ degrees.

Answer 16

2

Question 17

With respect to the ‘mens rea’ element, both first-degree and second degree murder are __________ homicide crimes.

Answer 17

Intentional

Question 18

The _________ doctrine holds that one who intentionally uses a deadly weapon on another human being and thereby kills him presumable intends to kill him.

Answer 18

Deadly weapon

Question 19

________ and ________ are the main elements of first degree murder.

Answer 19

Pre-meditation and deliberation

Question 20

Today, we recognize two kinds of manslaughter: _________ and _________

Answer 20

Voluntary and involuntary

Question 21

_________ manslaughter is the sudden and unintentional killing of another person in the heat of anger following adequate provocation.

Answer 21

Voluntary

Question 22

_______ provocation is the requirement that the provocation for the killing:
A) Has to be a provocation that the law recognizes
B) The defendant himself has to be provoked
C) A reasonable person would have been provoked

Answer 22

Adequate

Question 23

If the defendant had sufficient time to cool off after the sudden passion and before the killing, the crime is considered ________, not voluntary manslaughter.

Answer 23

Murder

Question 24

Involuntary manslaughter goes by the name of ______ manslaughter.

Answer 24

Criminal negligence