Chapter 7: Homicide

Test Bank

Multiple Choice

1. ______ constitutes the most serious form of murder.

A. Voluntary manslaughter

B. Second-degree murder

C. First-degree murder

D. Involuntary manslaughter

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Knowledge

Answer Location: First-Degree Murder

Difficulty Level: Easy

2. After a jury trial, a jury found that Sam killed the victim as a result of deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. This type of homicide is known as ______.

A. voluntary manslaughter

B. second-degree murder

C. first-degree murder

D. depraved heart murder

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension

Answer Location: Depraved Heart Murder

Difficulty Level: Easy

3. In most states, killings committed with malice aforethought that are not specifically defined as first-degree murder are considered ______.

A. second-degree murder

B. capital murder

C. voluntary manslaughter

D. felony murder

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Comprehension

Answer Location: Second-Degree Murder

Difficulty Level: Easy

4. One night, Alvin entered a convenience store intending to rob it. When he entered, he shoved a gun in the store clerk’s face and demanded money. Unbeknownst to Alvin, the store clerk had a loaded gun under the cash register. At a moment when Alvin was distracted and looking out the window, the store clerk pulled the weapon and fired a gunshot in an attempt to scare Alvin. Unfortunately, the gunshot hit one of the customers in the store. Which of the following is true?

A. Alvin is likely guilty of the customer’s death under the agency theory of felony murder.

B. Alvin is likely guilty of depraved heart murder.

C. Alvin is likely guilty of voluntary manslaughter.

D. Alvin is likely guilty under the proximate cause theory of felony murder.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Application

Answer Location: Felony Murder

Difficulty Level: Medium

5. In most states, a defendant can be held responsible for the murder of a fetus ______.

A. when the defendant knew that the woman carrying the fetus was pregnant

B. when the fetus is viable

C. at any time

D. after the first trimester of pregnancy

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension

Answer Location: The Beginning of Human Life

Difficulty Level: Easy

6. What element of first-degree murder demonstrates that an act was thought out before the murder was committed?

A. willfulness

B. depravity

C. deliberation

D. premeditation

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Knowledge

Answer Location: First-Degree Murder

Difficulty Level: Easy

7. Which of the following theories holds defendants responsible for foreseeable deaths caused by the commission of a dangerous felony?

A. proximate cause theory

B. reasonable effects theory

C. agency theory

D. likely outcomes theory

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Felony Murder

Difficulty Level: Easy

8. Vic fired his gun several times into the window of a crowded store. Although he was not aiming at anyone, one of the bullets hit a customer. The customer died shortly thereafter. Vic’s conduct meets the test for what type of homicide?

A. first-degree murder

B. second-degree murder

C. voluntary manslaughter

D. negligent manslaughter

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Application

Answer Location: Depraved Heart Murder

Difficulty Level: Medium

9. Statutes punishing ______ typically punish killings that are committed with malice aforethought that are not premeditated, justified, or excused.

A. second-degree murder

B. voluntary manslaughter

C. involuntary manslaughter

D. first-degree murder

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Knowledge

Answer Location: Second-Degree Murder

Difficulty Level: Easy

10. Which of the following is not a basis for aggravated first-degree murder?

A. killing of multiple victims

B. murder for hire

C. killing committed during a misdemeanor

D. killing to prevent a witness from testifying

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: Capital and Aggravated First-Degree Murder

Difficulty Level: Easy

11. ______ is defined as the intent to kill with ill will or hatred.

A. Malice aforethought

B. Depraved heart

C. Express malice

D. Implied malice

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

12. ______ is a killing that is committed with extreme recklessness or negligence.

A. Malice aforethought

B. Depraved heart murder

C. First-degree murder

D. Felony murder

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge

Answer Location: Types of Criminal Homicide

Difficulty Level:

13. ______ 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.

A. Malice aforethought

B. Felony murder

C. Implied malice

D. Criminal negligence

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

14. ______ includes all murders not involving premeditation and deliberation.

A. Voluntary manslaughter

B. Second-degree murder

C. First-degree murder

D. Involuntary manslaughter

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

15. Which of the following is not a definition that satisfies the actus reus of criminal homicide?

A. causing the death of a person

B. unlawful killing of a human being

C. wishing for the death of another individual

Learning Objective: 7-2: The law of murder in every state protects fetuses at the point of conception.

Cognitive Domain: Application

Answer Location: Actus Reus and Criminal Homicide

Difficulty Level: Medium

16. Which of the following is not an act that satisfies the actus reus requirement of criminal homicide?

A. shooting

B. choking

C. poisoning

D. beating

Learning Objective: 7-2: The law of murder in every state protects fetuses at the point of conception.

Cognitive Domain: Comprehension

Answer Location: Actus Reus and Criminal Homicide

Difficulty Level: Easy

17. Which forms of homicide involve strict liability?

A. felony murder and misdemeanor manslaughter

B. misdemeanor manslaughter and depraved heart murder

C. depraved heart murder and arson

D. felony murder and rape

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law. Cognitive Domain: Comprehension

Answer Location: Mens Rea and Criminal Homicide

Difficulty Level: Easy

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

A. first-degree murder

B. second-degree murder

C. manslaughter

D. misdemeanor manslaughter

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

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

A. mitigating factors

B. practical considerations

C. first-degree murder

D. aggravating factors

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: Capital and Aggravated First-Degree Murder

Difficulty Level: Easy

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

A. mitigating factors

B. practical considerations

C. first-degree murder

D. aggravating factors

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: Capital and Aggravated First-Degree Murder

Difficulty Level: Easy

21. Which of the following is the appropriate mathematical equation for determining whether an act satisfies the highly dangerous standard of depraved heart murder?

A. There is no mathematical formula.

B. Each state utilizes its own formula.

C. when three or more people are injured or have the potential to be injured by the activity in question and the action was deliberate

D. when minors are involved and there is premeditation

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension

Answer Location: Depraved Heart Murder

Difficulty Level: Easy

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

A. First-degree murder requires malice.

B. Second-degree murder does not require malice.

C. First-degree murder requires premeditation and deliberation.

D. Second-degree murder requires premeditation and deliberation.

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

23. Russian roulette is an example of which type of murder?

A. felony murder

B. voluntary manslaughter

C. negligent manslaughter

D. depraved heart murder

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension

Answer Location: Depraved Heart Murder

Difficulty Level: Easy

24. Which of the following is not a reason for the felony murder rule?

A. deterrence

B. resolution

C. punishment

D. prosecution

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Application

Answer Location: Felony Murder

Difficulty Level: Medium

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

A. limiting

B. agency

C. proximate cause

D. accomplice

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Felony Murder

Difficulty Level: Easy

26. The ______ theory of felony murder holds felons responsible for foreseeable deaths that are caused by the commission of a dangerous felony.

A. limiting

B. agency

C. proximate cause

D. accomplice

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Felony Murder

Difficulty Level: Easy

27. Voluntary manslaughter requires that an individual kill in a sudden and intense ______ in response to a conduct that is sufficient to excite a reasonable person.

A. heat of passion

B. rage

C. anger

D. jealousy

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge

Answer Location: Voluntary Manslaughter

Difficulty Level: Easy

28. ______ is the killing of another that results from the grossly negligent operation of an automobile or from driving under the influence of intoxicants.

A. Vehicular felony

B. Vehicular manslaughter

C. Vehicular arson

D. Grand theft auto

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge

Answer Location: Involuntary Manslaughter

Difficulty Level: Easy

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

A. 24 hr or more

B. only for an instant

C. more than a few seconds

D. more than a week

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

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

A. negligent manslaughter

B. misdemeanor manslaughter

C. vehicular manslaughter

D. voluntary manslaughter

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Involuntary Manslaughter

Difficulty Level: Easy

31. The ______ is a common law standard that provides that an individual is criminally responsible only for a death that occurs within 1 year of his or her criminal act.

A. year-and-a-day rule

B. statute of limitations

C. limiting determination clause

D. Propinski rule

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Knowledge

Answer Location: The End of Human Life

Difficulty Level: Easy

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

A. deliberation

B. premeditation

C. intentionality

D. lying in wait

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

33. First-degree murder requires ______, which shows the intent to kill that is carried out in a cool state of mind in furtherance of the design to kill.

A. deliberation

B. premeditation

C. intentionality

D. lying in wait

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

34. ______ includes self-defense, defense of others, defense of the home, and police use of deadly force.

A. Excusable homicide

B. Justifiable homicide

C. Murder

D. Manslaughter

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

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

A. at any time

B. when the defendant knew the woman was pregnant

C. when the fetus is viable

D. after the second trimester of pregnancy

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Knowledge

Answer Location: The Beginning of Human Life

Difficulty Level: Medium

36. ______ 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.

A. Reckless manslaughter

B. Second-degree manslaughter

C. Voluntary manslaughter

D. Negligent manslaughter

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge

Answer Location: Negligent Manslaughter

Difficulty Level: Easy

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

A. Culpable

B. Intense

C. Reasonable

D. Adequate

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Manslaughter

Difficulty Level: Easy

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

A. Voluntary manslaughter

B. Second-degree murder

C. First-degree murder

D. Involuntary manslaughter

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

39. 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?

A. The MPC utilizes the common law born alive rule in order to avoid a possible conflict.

B. The MPC is silent as to the issue.

C. The MPC acknowledges the conflict but does not resolve it.

D. The MPC acknowledges abortion as homicide.

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension

Answer Location: The Beginning of Human Life

Difficulty Level: Easy

True/False

1. The mens rea of first-degree murder requires deliberation, premeditation, and malice.

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Knowledge

Answer Location: First-Degree Murder

Difficulty Level: Easy

2. The “unlawful killing of a human being” or “causing the death of a person” constitutes the mens rea of homicide.

Learning Objective: 7-2: The law of murder in every state protects fetuses at the point of conception.

Cognitive Domain: Comprehension

Answer Location: Actus Reus and Criminal Homicide

Difficulty Level: Easy

3. Malice is implied in cases of depraved heart murder.

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Knowledge

Answer Location: Depraved Heart Murder

Difficulty Level: Easy

4. According to the common law, a defendant may be guilty of the murder of a fetus in the mother’s womb.

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension

Answer Location: The Beginning of Human Life

Difficulty Level: Easy

5. Most states have adopted a brain death test to determine when brain death occurs.

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Knowledge

Answer Location: The End of Human Life

Difficulty Level: Easy

6. Voluntary manslaughter recognizes that under certain circumstances, a reasonable person will be provoked to lose control and kill.

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Voluntary Manslaughter

Difficulty Level: Easy

7. The agency theory of felony murder limits criminal liability to the acts of felons and co-felons.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Felony Murder

Difficulty Level: Easy

8. Deterrence is a rationale for the felony murder rule.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Felony Murder

Difficulty Level: Easy

9. The Model Penal Code has rejected the common law “born alive” rule.

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension

Answer Location: The End of Human Life

Difficulty Level: Easy

10. 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.

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Voluntary Manslaughter

Difficulty Level: Easy

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

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

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

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

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

Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension

Answer Location: Capital and Aggravated First-Degree Murder

Difficulty Level: Easy

14. State second-degree statutes typically punish intentional killings that are committed with malice aforethought that are not premeditated, justified, or excused.

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Knowledge

Answer Location: Second-Degree Murder

Difficulty Level: Easy

15. Manslaughter includes all homicides without malice aforethought that are committed without justification or excuse.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Manslaughter

Difficulty Level: Easy

16. Voluntary manslaughter recognizes that a reasonable person under certain circumstances will be provoked to lose control and kill.

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Voluntary Manslaughter

Difficulty Level: Easy

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

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge

Answer Location: Voluntary Manslaughter

Difficulty Level: Easy

18. Involuntary manslaughter involves the intentional killing of another without malice.

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Involuntary Manslaughter

Difficulty Level: Easy

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

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

Answer Location: Felony Murder

Difficulty Level: Easy

Short Answer

1. What is malice aforethought?

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension

Answer Location: Types of Criminal Homicide

Difficulty Level: Easy

2. What is the difference between express malice and implied malice?

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Application

Answer Location: Types of Criminal Homicide

Difficulty Level: Medium

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

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Application

Answer Location: Types of Criminal Homicide

Difficulty Level: Medium

4. How is premeditation and deliberation established?

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

5. Give an example of second-degree murder.

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension

Answer Location: Depraved Heart Murder

Difficulty Level: Easy

6. To what situations did the common law limit adequate provocation?

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Application

Answer Location: Voluntary Manslaughter

Difficulty Level: Medium

7. What is the difference between misdemeanor manslaughter and felony murder?

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Analysis

Answer Location: Involuntary Manslaughter

Difficulty Level: Hard

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

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension

Answer Location: The Beginning of Human Life

Difficulty Level: Medium

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

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Analysis

Answer Location: Felony Murder

Difficulty Level: Hard

10. What is the difference between depraved heart murder and negligence?

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Analysis

Answer Location: Depraved Heart Murder

Difficulty Level: Hard

Essay

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

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder | Second-Degree Murder

Difficulty Level: Easy

2. Max, Mark, and Matt plotted to rob a bank. Max and Mark would rob the bank while Matt would be the getaway driver. Upon arriving at the bank, Max and Mark raised their guns, pointed them at bank employees and customers, and demanded money from the tellers. Meanwhile, a police officer who was conducting business in the bank confronted Max and Mark to lower their weapons. When Max and Mark refused to do so, the police officer shot at them, hitting Max and killing him. Mark fired back, and one of his bullets hit and killed a customer. Analyze this case under the agency theory and the proximate cause theory of felony murder.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Analysis

Answer Location: Felony Murder

Difficulty Level: Medium

3. How are premeditation and deliberation relevant to first-degree murder, and how are they established?

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Comprehension

Answer Location: First-Degree Murder

Difficulty Level: Easy

4. Explain the crime of misdemeanor manslaughter.

Learning Objective: 7-9: Explain misdemeanor manslaughter.

Cognitive Domain: Comprehension

Answer Location: Involuntary Manslaughter

Difficulty Level: Easy

5. What is the difference between depraved heart murder and negligent manslaughter?

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony. | 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension

Answer Location: Depraved Heart Murder | Negligent Manslaughter

Difficulty Level: Medium