Criminal Law Quiz 5 Flashcards
As the common law developed, murder was distinguished from manslaughter in that murder required…
Malice aforethought
True or false: Killing without malice aforethought is manslaughter.
True
Voluntary manslaughter involves intentionally killing another in the sudden heat of passion, which…
Was caused by a legally recognized adequate provocation.
To prove voluntary manslaughter, the prosecution has to prove that…
The provocation caused the passion and the killing.
What is the name of the catchall offense that includes killings that are neither manslaughter nor first-degree murder?
Second-degree murder
Knowingly creating a substantial and unjustifiable risk is the definition of…
Recklessness
A _________ homicide is a killing in self-defense.
Justifiable
An ________ homicide is a killing done by someone ‘not of sound memory and discretion’.
Excusable
A __________ murder is defined as an extremely reckless killing.
Depraved heart
With intent to cause ‘serious bodily injury’ murder, there is no _______ to kill requirement.
Intent
‘Seriously bodily injury’ means bodily injury that involves…
A substantial risk of death
Protracted unconsciousness
Extreme physical pain
True or false: Murder is a ‘result’ crime.
True
What is the act of ‘killing’ or ‘causing death’? The ‘heart’ of murder?
Actus reus
Murder ________ includes the concept of ‘malice aforethought’ and often is stated as any of these mental states: purposely, knowingly, or recklessly.
Mens reus
In the United States, ‘degrees’ of murder were created by ______?
Legislators
Today, most states divide homicide into ____ degrees.
2
With respect to the ‘mens rea’ element, both first-degree and second degree murder are __________ homicide crimes.
Intentional
The _________ doctrine holds that one who intentionally uses a deadly weapon on another human being and thereby kills him presumable intends to kill him.
Deadly weapon
________ and ________ are the main elements of first degree murder.
Pre-meditation and deliberation
Today, we recognize two kinds of manslaughter: _________ and _________
Voluntary and involuntary
_________ manslaughter is the sudden and unintentional killing of another person in the heat of anger following adequate provocation.
Voluntary
_______ 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
Adequate
If the defendant had sufficient time to cool off after the sudden passion and before the killing, the crime is considered ________, not voluntary manslaughter.
Murder
Involuntary manslaughter goes by the name of ______ manslaughter.
Criminal negligence
