Exam 10: Homicide

Bethany was hit by a car and has been admitted to the local hospital. Her injuries were very serious and as a result she has been in a coma. She is now considered brain dead but her vital functions are operating thanks to modern technology. Her mother is hoping to collect on Bethany's life insurance in the event she dies. Under what test would Bethany already be considered dead?

The killing of another human being is considered the most serious criminal offense.

Murder is defined as all homicide including those that are excused or justified.

When homicide occurs, by definition, one person kills another. In the cases of murder and manslaughter, this killing is not justified. Explain why murder and manslaughter and their varying degrees are punished differently when the end result is the same in all cases.

An individual may be held liable for ______ in those instances that he or she kills another as a result of the deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not.

First-degree murder requires ______, which shows that an act was thought out prior to its commission.

Brian, Jake, and Sophia plotted to rob a bank. Brian and Jake will be carrying guns into the bank and Sophia will serve as the getaway driver. Upon arriving at the bank, Brian and Jake raise their guns, point them toward the direction of customers and employees, and demand money from the tellers. Meanwhile, a police officer sitting with the bank manager gets up and orders Brian and Jake to lower their weapons, who subsequently refused. The police officer shoots toward the two robbers, hitting Jake and killing him. A dangerous shootout ensues and one of Brian's bullets hits and kills a customer. Likewise, one of the police officer's bullets hits and kills another customer. Analyze this case under the agency theory of felony murder.

According to most states, when can a defendant be held responsible for the murder of a fetus?

Thirty-one states and the federal government authorize the death penalty. In some states, this is called ______.

Some courts do not clearly state whether they require negligence or recklessness.

Which category of murder includes death resulting from an intent to cause serious bodily harm and depraved heart murder?

Mark suspects that his wife has been cheating on him. In order to confirm his suspicions, he leaves work early in hopes of catching his wife "in the act." As he suspected, Mark's wife was in bed with his best friend. Mark threw down his briefcase, broke some dishes in the living room, and left the house. The next morning, Mark drove to his best friend's apartment. He took a gun out of his glove compartment, walked up to the door, and when his best friend answered, Mark shot him three times. Mark then called the police and stated that he had just murdered his best friend. He did not attempt to flee, but instead waited for the police to arrive. What facts support a conviction for voluntary manslaughter? Could Mark plead voluntary manslaughter based on the claim that his best friend insulted him when he answered the door? Why or why not? What if Mark would have shot his best friend when Mark walked in on his wife and best friend?

What is the difference between the agency theory of felony murder and the proximate cause theory of felony murder?

The law of provocation is based on the reaction of a reasonable person.

Seventeen states reject which of the following?

In which of these instances would the charge of corporate murder be least appropriate?

Jeffrey stabs Lisa to death. List and define the four types of homicide. Illustrate each definition of homicide using the example of Jeffrey and Lisa.

State capital murder or aggravated murder statutes typically reserve death for premeditated killings with the presence of various aggravated factors or special circumstances.

Which of the following crimes is also referred to as unlawful act manslaughter?

A killing that occurs during the course of a felony is punished as murder.