Homicide
- A killing that occurs during the course of a felony is punished as murder.
True
False
2. Ava is planning to kill her brother because of her belief that life would be easier if he wasn’t around. Ava waits along her brother’s normal jogging route and attempts to shoot him in the back as he passes her, but she misses. If she was successful in her murder plot, which charge would be most appropriate?
| a. | involuntary manslaughter
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| b. | second-degree murder
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| c. | voluntary manslaughter
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| d. | first-degree murder
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3. David had just finished cleaning his gun on his front porch. He reloaded his gun and walked inside to throw his rag away, when the next door neighbor’s 5-year-old son walked over, picked up the gun, and shot himself. The boy died within minutes. What is the rule for depraved heart murder? Should David be found guilty of depraved heart murder? Why or why not?
4. Henry gets into a fight with his business partner Cecelia. Henry shoves Cecelia, and she hits her head against a brick wall and dies. The jury would likely decide that Henry has acted with ______ malice.
| a. | expressed
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| b. | felony
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| c. | premeditated
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| d. | implied
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5. Corporations may not be held criminally liable in those cases that the conduct is performed or approved by corporate managers or officials.
True
False
6. Deliberation entails an intent to kill that is carried out in the heat of passion in furtherance of the design to kill.
True
False
7. Homicide in the course of which of the following crimes could qualify as misdemeanor manslaughter?
| a. | assault
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| b. | burglary
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| c. | rape
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| d. | kidnapping
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8. A husband threatened to beat his wife if she did not jump into a stream. She jumped into the stream, the current carried her away, and she was later found dead. The husband’s acts likely satisfy the actus reus for which criminal charge?
| a. | homicide
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| b. | assault
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| c. | battery
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| d. | intimidation
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9. A killing of a police officer, more than one victim, murder for hire, and killing during a prison escape are all examples of what?
| a. | first-degree murder
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| b. | practical considerations
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| c. | mitigating factors
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| d. | aggravating factors
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10. A plea of nolo contendere means that a defendant does not admit guilt but accepts the punishment anyway.
True
False
excuses
- A mistake of law does not constitute a defense.
True
False
2. According to the irresistible impulse test, a defendant may be found legally insane even if they are able to tell right from wrong.
True
False
3. Critics contend that the insanity defense undermines the proper functioning of the criminal justice system.
True
False
4. For the defense of duress, there must be a threat of death or serious bodily harm that causes an individual to commit a crime.
True
False
5. A criminal intent need not necessarily exist at the same time as the criminal act.
True
False
6. A defendant has acted knowingly if they disregarded a serious risk.
True
False
7. A defendant is considered legally responsible for a victim’s injury or death that results from unforeseeable coincidental intervening acts.
True
False
8. A defendant who accidentally shoots the wrong person is punished as though they had hit the right person.
True
False
9. A person who buys discounted electronics from the back of a truck knowingly receives stolen property.
True
False
10. An example of knowledge of circumstances is to receive stolen property under mistaken facts.
True
False
11. Circumstantial evidence alone is not enough to establish intent.
True
False
12.
Explain why similar crimes committed with different levels of intent are punished differently.
13. In all cases where the defendant’s conduct is the factual cause of an injury or harm, the conduct is also necessarily ______.
| a. | the legal cause
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| b. | cause in fact
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| c. | the intervening cause
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| d. | the proximate cause
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14. Diamond works as a medical assistant and sells homemade muffins on the side. When she asks an online tax consultant, she is told that she does not have to report the income she made from her muffin business. This turns out to be incorrect, and Diamond is arrested for tax evasion. What is Diamond’s defense?
| a. | mistake of fact
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| b. | mistake of law
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| c. | unrelated events
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| d. | due diligence
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15. Elijah is carjacked. The carjacker forces Elijah into the passenger seat and makes Elijah assist him in robbing a back on threat of death. Elijah fears for the lives of himself and his loved ones. He decides to comply. If after the bank robbery, he is apprehended and charged with a crime, does he have and defenses available to him?
| a. | No, a reasonable person would not fear for their life.
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| b. | Yes, he may utilize the duress defense.
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| c. | Yes, he may utilize the insanity defense.
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| d. | No, the threat was not imminent.
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16. Greg is served a dessert at a friend’s house. After he eats it, he begins to hallucinate and attacks his friend with a fork. Greg turns out to be allergic to an ingredient in the dessert. Greg has experienced ______.
| a. | diminished capacity
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| b. | pathological intoxication
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| c. | mental defect
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| d. | voluntary infoxication
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17. A man threatens Vincent with torture and death if he does not kill the man’s estranged wife. Believing himself under imminent threat, Vincent attacks the woman and nearly kills her. Would Vincent be able to successfully utilize the defense of duress?
| a. | Yes, providing a reasonable person would have also been afraid in that situation.
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| b. | Yes, because it is a subjective standard and he feared for his life.
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| c. | Only if the other elements of the defense are met.
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| d. | No, because of the special relationship possessed by the family members.
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