Exam 10: Homicide

______ arises when an individual commits an act that he or she is unaware creates a high degree of human injury or death under circumstances in which a reasonable person would have been aware of the threat.

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 drivers. 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 proximate cause theory of felony murder.

An Illinois corporation had been clandestinely dumping toxic waste into a river in a rural area. The board of directors knew of the practice and approved it in order to increase profit margins. If the local residents are affected by the toxic waste and subsequently develop rare diseases or even die as a result of exposure, what may be the most appropriate criminal charge?

______ exists in those cases that an individual possesses an intent to cause great bodily harm or the intent to commit an act that may be expected to lead to death or great bodily harm.

First-degree murder is the most serious form of murder and the prosecutor has the burden of establishing recklessness and malice.

Give an example of second-degree murder.

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?

What is the difference between first-degree murder and second-degree murder?

Lack of a criminal history, substantially impaired mental capacity, duress, and consent of the victim are all examples of what?

Deliberation entails an intent to kill that is carried out in the heat of passion in furtherance of the design to kill.

Commonwealth v. Cass held that prenatal injuries resulting in the death of a viable fetus before or after birth is homicide. Roe v. Wade held that a woman has the right to voluntarily consent to an abortion by a licensed physician. How does the Model Penal Code (MPC) avoid a conflict between the law of abortion and the criminal law concerning a fetus?

An unintentional killing that results from an unlawful act not amounting to a felony is termed misdemeanor manslaughter.

______ statutes typically punish intentional killings that are committed with malice aforethought that are not premeditated, justified, or excused.

In order to determine when death occurs, a majority of state legislatures and courts now have adopted a brain death test.

A type of homicide that includes self-defense, defense of others, defense of the home, and police use of deadly force.

The ______ theory of felony murder limits criminal liability to acts of felons and co-felons.

How is premeditation and deliberation established?

All of the following are reasons for the felony murder rule EXCEPT ______.

Jimmy is syphoning gas out of a car in the parking lot of his high school. Gas syphoning is considered a misdemeanor. While Jimmy is still syphoning the gas, the owner of the car enters on the opposite side and turns the key in the ignition. As he attempts to start the car, an explosion causes his death. What crime, if any, is appropriate for Jimmy's actions?

The current trend is toward recognizing that a premeditated intent to kill need only exist for what period of time?