Homicide Part 3

Question 1

A depraved heart murder is a __________ killing.

Answer 1

Reckless

Question 2

Both _________ __________ murder and ____________ ____________ require recklessness: that the killing be done under circumstances showing a realization of the imminence of danger and a conscious disregard of that danger.

Answer 2

Depraved heart
Reckless homicide

Question 3

________ ________ murder requires an additional element: that the killing occur under circumstances manifesting extreme indifference to the value of human life.

Answer 3

Depraved heart

Question 4

For a reckless killing to rise to the level of depraved heart murder, the reckless must be

Answer 4

Assimilated to purpose or knowledge

Question 5

At common law, voluntary manslaughter is the intentional killing of another
1.
2.
3.
4.

Answer 5

1. Committed under the influence of passion or in heat of blood
2. Produced by an adequate or reasonable provocation, and
3. Before a reasonable time has elapsed for the blood to cool and reason to resume its habitual control, and
4. Is the result of the temporary excitement, by which the control of reason was disturbed
   ** Intentional killings under these circumstances are considered less heinous and are given a lesser punishment.

Question 6

At common law, voluntary manslaughter is the intentional killing of another:
1. ?
2.
3.
4.

Answer 6

Committed under the influence of passion or in heat of blood

Question 7

At common law, voluntary manslaughter is the intentional killing of another:
1.
2. ?
3.
4.

Answer 7

Produced by an adequate or reasonable provocation

Question 8

At common law, voluntary manslaughter is the intentional killing of another:
1.
2.
3. ?
4.

Answer 8

Before a reasonable time has lapsed for the blood to cool and reason to resume its habitual control

Question 9

At common law, voluntary manslaughter is the intentional killing of another:
1.
2.
3.
4. ?

Answer 9

Is the result of the temporary excitement by which the control of reason was disturbed

Question 10

The defendant must kill in the heat of passion for voluntary manslaughter meaning that

Answer 10

The provocation must cause the defendant to act out of passion rather than reason.

It must cause emotions so intense that they distort the defendants practical reasoning

Question 11

For voluntary manslaughter the passion must be caused by an adequate provocation meaning

Answer 11

It would cause a reasonable person to lose control

Question 12

provocation is adequate if it would cause

Answer 12

A reasonable person to lose control

Question 13

The passion must be caused by an adequate provocation in voluntary manslaughter and this is an _____________ standard.

Answer 13

Objective

Question 14

Examples of adequate provocation in common law included
1.
2.
3.
4.
5.

Answer 14

1. An aggravated assault or battery
2. Mutual combat
3. Commission of a serious crime against a close relative
4. Illegal arrest
5. Observation of spousal adulatory

Question 15

Mere words cannot serve as ____________ ____________.

Answer 15

Adequate provocation

Question 16

Generally, _____ _______ cannot serve as adequate provocation. However, some courts have held that __________ __________ can.

Answer 16

Mere words
Informational words

Question 17

At common law, voluntary manslaughter there cannot be a lapse of time during which a reasonable person could control their passion. Generally, the longer the time that passes between the __________and the killing, the more likely a reasonable person would have “cooled off”.

Answer 17

Provocation

Question 18

In addition to time, physical separation (a safe harbor) can make it more likely that a reasonable person would have cooled off.

Answer 18

True

Question 19

Involuntary manslaughter is a lesser-included offense of what?

Answer 19

Voluntary manslaughter

Question 20

It varies by jurisdiction, but lesser-included offenses are generally:
1. Offenses where the greater offense includes ______________________
2.
3.

Answer 20

All elements of the lesser included offense.

Question 21

It varies by jurisdiction, but lesser-included offenses are generally:
1. Offenses where the greater offense includes all the elements of lesser included offenses
2. Offenses that different from the greater offense only with respect to a ___________ or ____________.
3.

Answer 21

Less serious injury
Lesser kind of culpability

Question 22

It varies by jurisdiction, but lesser-included offenses are generally:
1. Offenses where the greater offense includes all of the elements of lesser offense
2. Offenses that differ from the greater offense with respect to a less serous injury OR a lesser ind of culpability or
3. An ________,___________, or ___________ of the greater offense

Answer 22

Attempt, solicitation, or facilitation

Question 23

Extreme Emotional Disturbance does not require:
1.
2.
3.

Answer 23

1. A provoking or triggering event
2. That the killing happen immediately after the cause of the extreme emotional disturbance; or
3. That the defendant have lost all ability to reason

Question 24

Extreme Emotional Disturbance does require:
1.
2.
3.

Answer 24

1. An emotional disturbance that does not rise to the level of the insanity defense;
2. That the disturbance was “extremely unusual and overwhelming” asa opposed to “mere annoyance or unhappiness”; and
3. The defendant’s reasoning was “overborne by extreme or intense feelings, such as passion, anger, distress, grief, excessive agitation, or other similar emotions” that caused “a loss of self-control.”