Exam 10: Homicide

Corporations may not be held criminally liable in those cases that the conduct is performed or approved by corporate managers or officials.

David had just finished cleaning his gun on his front porch. He 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? Use examples from your readings to support your answer.

First-degree murder is the most serious form of homicide and can result in the death penalty in all 50 states.

A corporation cannot be incarcerated and is, instead, punished by ______.

According to common statutes, how is the beginning of human life determined?

The defense of sudden heat of passion is still available if a reasonable person's passion would have cooled off between the time of the provocation and the time of the killing.

According to the common law, the fetus has to be viable for the defendant to be liable for murder.

Russian roulette is an example of which type of murder?

Involuntary manslaughter involves the intentional killing of another without malice.

______ provocation is defined as conduct that is sufficient to excite an intense passion that causes a reasonable person to lose control.

A killing of a police officer, more than one victim, murder for hire, and killing during a prison escape are all examples of what?

What is malice aforethought?

The biggest difference between first- and second-degree murder is which of the following?

Ava had a tremendous amount of resentment toward her brother Rory. He was friendly and well liked and she felt largely invisible. She began planning to kill him because of her belief that life would be easier if he wasn't able to rub his social success in her face daily. Rory regularly jogged in the park in the morning. Ava knew this and hid in the bushes waiting for him to jog by. As he ran past her she intended to shoot him in the back but missed. If she had been successful in her murder plot, which charge would be most appropriate?

______ means that a defendant must have been personally aware that his or her conduct created a substantial risk of death or serious bodily harm.

______ is also known as murder in the heat of passion.

The ______ is a common law standard that provides that an individual is criminally responsible only for a death that occurs within one year of his or her criminal act.

What is the difference between misdemeanor manslaughter and felony murder?

The mens rea of first-degree murder requires all of the following EXCEPT ______.

An example of negligence is when a defendant pours gasoline through the mail slot of the victim's house and sets the gasoline on fire, killing two of the victim's children.