Exam 5: Criminal Homicide

The crime of murder under the Texas Penal Code is committed only if the accused intentionally causes the death of another individual.

Angry that she has overdrawn the checking account,an intoxicated Jacob beats his wife Sarah to death.Jacob has committed murder but his penalty can be treated as a felony of the second degree.

What complications of proof might arise in prosecuting an individual for killing an unborn fetus?

Under Texas law how is the offense of manslaughter distinguished from the offense of criminally negligent homicide?

A child darts into the street chasing after a ball.The child is struck by a passing city bus and killed.The operator of the city bus is criminally responsible for the child's death only if the state can prove:

In criminal homicide cases,certain elements of the offense can be proven only by circumstantial evidence.To rebut an accused's claim that his killing of the victim was accidental,the prosecution might show that the accused had a ___________ to desire the victim dead.

The two methods of determining whether or not a person is legally dead are ______ death and _________ death.

To successfully pursue criminal homicide charges against an individual for killing a pregnant woman's fetus,the prosecutor must establish that the fetus was __________ at the time of the fatal action.

Under the traditional American System of Classification of criminal homicides,the offense of voluntary manslaughter is an intentional killing that lacks the element of ________.

In murder cases,prosecutors often establish the reason for the killing as a means to satisfy the jury's curiosity regarding why the death occurred.

Peyton is accused of purposely shooting and killing Bill during a deer hunting trip.At trial,Peyton argues that the shooting was not intentional but rather an unfortunate accident.To try to convince the jury that Peyton intentionally killed Bill,the prosecutor could reasonably seek to prove that:

Identify the three legal categories of murder under the Texas Penal Code and briefly explain the differences between the categories.

Jason is crossing the street in front of his elementary school when he is struck by a speeding motorist.Jason is transported to the hospital.Because of his injuries,he is placed on artificial life support.After two weeks,Jason shows no sign of recovering from his injuries.Before the motorist can be prosecuted for his death,Jason must be declared legally dead.Since Jason's heart and lungs are being assisted by the artificial life support equipment,the attending physician will determine if Jason is legally dead by noting whether Jason has irreversible cessation of:

How do the Texas offenses of capital murder,murder,manslaughter,and criminally negligent homicide align with the criminal homicide offenses in the traditional American System of Classification?

Jeff gets in an argument with Jill over the amount of money she spent on a dress she purchased.Ultimately,Jeff strikes her with his fist,knocking her down.As Jill falls,she hits her head on the edge of a table and dies immediately.Jeff immediately telephones for an ambulance.When EMS personnel arrive,he says,"Is she dead? I did not mean to kill her!" In a jurisdiction that uses the American System of Classification of criminal homicide,Jeff would likely be charged with:

Sam and Janet are married.Their marriage has not been a happy one.Late one Saturday night,while both are intoxicated,an argument breaks out.During the argument Janet grabs a butcher knife from the kitchen and stabs Sam in the stomach.Sam collapses to the floor dead.Janet says,"I'm so sorry,Sam.I only meant to scare you,not kill you." Under Texas law,Janet has committed:

Which of the following factors distinguishes a criminal homicide from a homicide?

All criminal homicides are intentional acts.

Late one night,Johnny decides to take a shortcut home by driving the wrong way down a one-way street.As he rounds the corner,his car strikes Bart's oncoming car.Bart's car flips over,killing him.Under Texas law,Johnny's conduct constitutes the form of criminal homicide labeled ____________.

Jurisdictions that use the American System of Classification of criminal homicide have established a standardized set of elements for each offense that is consistent from one state to another.