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54 Cards in this Set

  • Front
  • Back
Most of the law criminal homicide is about
grading the seriousness of the offense
According to the Uniform Brain Death Act, a person is considered dead when
he or she has suffered irreversible cessation of all brain
As the common law developed, murder was distinguished from manslaughter in that murder required
malice aforethought.
Throughout most of its history, homicide law has followed what rule?
the born alive rule
What is the name of assisted suicide?
Which of the following is not one of the forms of euthanasia?
The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the
mens rea.
In which of the following cases did the Supreme Court approve Oregon’s Death with Dignity Act?
Gonzalez v. Oregon (2005)
The true test of premeditation is
the extent of reflection.
Why was the crime of murder divided into first and second degree?
to separate murders that deserve the death penalty from those that do not
What state was the first to separate murder into two degrees?
An intentional, sudden killing triggered by an adequate provocation is said to be
the heart of voluntary manslaughter.
The Constitution requires that in capital punishment cases
when deciding whether a death sentence should be imposed, judges and juries
must be guided by specific criteria established by statute.
Bifurcation requires
that in a death penalty case there are two phases: the trial on guilt or innocence and a separate hearing, after a guilty verdict, to consider the evidence for and against capital punishment.
In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered
a mitigating factor.
What reduces the seriousness of the crime and the punishment to allow for human frailty?
The central elements in involuntary manslaughter are
actus reus and mens rea.
About half of the states in the U.S. have abolished which of the following?
unlawful act manslaughter
Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?
torture of victim
Murder that is extremely reckless but unintentional is known as
depraved heart murder.
If an armed offender accidentally killed the store clerk during an armed robbery, this would be
felony murder
Unintentional deaths that occur during the commission of some felonies are called
felony murder.
Which of the following refers to an offense that is inherently evil?
mala in se
Which of the following is true?
criminal homicides are very rare events
In which case did the California Supreme Court refused to push back the definition of person to include fetuses before the birth process?
Keeler v. Superior Court (1970)
By 1700, the English common and statute laws of homicide and the American colonies’ law recognized three kinds of homicide. Which of the following is not one of those kinds of homicide?
paramour homicide
Voluntary manslaughter involves intentionally killing another in the sudden heat of passion which
was caused by a legally recognized adequate provocation.
Which of the following is generally not deemed to be a legally adequate provocation for voluntary manslaughter?
verbal provocation
With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test?
objective test of cooling-off time
Which of the following is not a kind of involuntary manslaughter?
common-law manslaughter
Which of the following is true about provocation?
is not an excuse for criminal homicide
Which of the following would not be included in criminal negligence homicide statutes?
unintentional deaths caused by accidental discharge of a firearm during a robbery
The mens rea of involuntary manslaughter is usually
reckless or negligent.
Knowingly creating a substantial and unjustifiable risk is the definition of
Unlawful act manslaughter is sometimes also referred to as
misdemeanor manslaughter.
Criminal homicide is different from all other crimes because of the finality of its result: the death of the victim.
Most of the law criminal homicide is about grading the seriousness of the offense.
The meaning of “person” is unimportant to homicide law
Degrees of murder developed though history.
Insulting gestures or words and racial slurs are adequate legal provocation for manslaughter.
A criminal homicide committed with malice aforethought is murder.
The heart of voluntary manslaughter is an unintentional, sudden killing triggered by an adequate provocation.
All felony murders are intentional homicides.
Most criminal homicide statutes apply to corporations.
Corporations cannot be guilty of criminal homicide.
The central elements in involuntary manslaughter are its actus reus and its mens rea.
Criminal negligence homicide statutes cover a wide field.
Depraved heart murder is defined as extremely reckless killings
In some states, the legislatures have created the new crime of feticide, specifically aimed at the killing of a fetus.
“Express” malice aforethought was reserved for killings that fit the original meaning of murder—intentional killings planned in advance.
In a voluntary manslaughter case, adequate provocation is evaluated using a subjective test that examines what was adequate to provoke a particular defendant to kill the victim.
The term “aforethought” refers to planning in advance.
The mens rea of homicide is killing another person or human being
Aggravating factors can turn an intentional murder into a capital murder.