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Homicide Offenses MCQ

_____ is an act done consciously and willingly, as opposed to actions taken while a person is unconscious (for example, during a seizure or reflexive act).

Objective coercion defense

All of these

Voluntary manslaughter

Subjective trickery defense

Answer

Correct Answer: Voluntary manslaughter

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Is second degree unintentional murder an unintentional killing done with extreme recklessness, also known as “depraved heart” murder. The actor does not intend to kill, but he knows that his actions will create a substantial and unjustifiable risk of death or serious injury?

False

True

Answer

Correct Answer: True

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_____ is known as an intentional killing done with malice but without premeditation or deliberation.

The accused wrongfully accepted, or received an item of value from a person or organization.

All of these

Second degree intentional murder

The accused occupied an official position or exercised official duties.

Answer

Correct Answer: Second degree intentional murder

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_____ is defined as an element of voluntary manslaughter. Provocation is behavior by the victim that incites the killer, causing him to kill in the heat of passion.

Provocation

State v. Smith (2004)

State v. Dlugash (1977)

All of these

Answer

Correct Answer: Provocation

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_____ is thinking about a killing ahead of time, turning it over in one’s mind and making a choice to kill.

Police power

Mala prohibita crime

All of these

Premeditation

Answer

Correct Answer: Premeditation

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Is murder the killing of a human being with malice aforethought?

True

False

Answer

Correct Answer: True

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_____ is known as the court rejected Mr. McCleskey’s claim that the death penalty was implemented in a racially discriminatory manner in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution.

Right to privacy

All of these

Heat of passion

McCleskey v. Kemp

Answer

Correct Answer: McCleskey v. Kemp

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_____ is defined as the unlawful killing of a human being without malice.

Respondent

None of these

Manslaughter

Substantial capacity test

Answer

Correct Answer: Manslaughter

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_____ is the practice that permits a judge to overrule or “override” the sentencing decision of the jury in capital cases and impose an enhanced or reduced sentence.

Burglary

All of these

Judicial override

Timeshare fraud

Answer

Correct Answer: Judicial override

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Is involuntary manslaughter an unintentional killing committed with gross negligence?

False

True

Answer

Correct Answer: True

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_____ is known as the killing of a human being by another person.

Homicide

Assault

None of these

Battery

Answer

Correct Answer: Homicide

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_____ is defined as one of the elements of voluntary manslaughter. The person who kills in the heat of passion loses his self-control after some act of provocation by the victim.

A transaction intended to promote a specified unlawful activity

Burden of production

Heat of passion

None of these

Answer

Correct Answer: Heat of passion

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_____ is the state of mind required for involuntary manslaughter.

Fraud in inducement

Gross negligence

All of these

Misappropriation doctrine

Answer

Correct Answer: Gross negligence

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Is first degree premeditated murder an intentional murder that involves premeditation—thinking about the killing ahead of time, turning it over in one’s mind, and making a choice to kill?

True

False

Answer

Correct Answer: True

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_____ is known as a killing that occurs during the course of, and in furtherance of, an inherently dangerous felony. The killing may be intentional, unintentional, or even accidental.

Executive order

Felony murder

All of these

Fraud in the inducement

Answer

Correct Answer: Felony murder

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_____ is defined as the state of mind required for unintentional “depraved heart” murder.

War on terror

Warn on cars

Extreme recklessness

All of these

Answer

Correct Answer: Extreme recklessness

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_____ is the imposition of the death penalty as punishment for the commission of certain crimes, most often for various forms of murder.

Capital punishment

Incomplete attempt

None of these

Public exposure

Answer

Correct Answer: Capital punishment

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Blacks who killed whites had the greatest likelihood of receiving the death penalty.

True

False

Answer

Correct Answer: True

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Capital punishment is also known as the death penalty.

True

False

Answer

Correct Answer: True

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The standard for depraved heart murder is that of the “reasonable person.”

True

False

Answer

Correct Answer: True

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Adultery as adequate provocation was removed from the Maryland legislature in which of the following years?

1995

1996

1997

1998

Answer

Correct Answer: 1997

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Manslaughter is killing without malice.

True

False

Answer

Correct Answer: True

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Most jurisdictions recognize how many types of manslaughter?

Answer

Correct Answer: 2

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First degree premeditated murder is committed by an individual who acts in which of the following manners?

Cool

Calm

Collected

All of these

Answer

Correct Answer: All of these

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The terms premeditation and deliberation have very similar meanings.

True

False

Answer

Correct Answer: True

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Which of the following types of homicide takes place during the heat of passion or adequate provocation?

Premeditated

Involuntary

Voluntary

Extreme Recklessness

Answer

Correct Answer: Voluntary

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Malice is the element that distinguishes murder from manslaughter.

True

False

Answer

Correct Answer: True

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Murder and manslaughter are the two broad categories of criminal homicide.

True

False

Answer

Correct Answer: True

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The definition of human being is uniform across the United States.

True

False

Answer

Correct Answer: False

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Homicide is the killing of a human being by another person.

True

Fals

Answer

Correct Answer: True

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Young adults between the ages of 18 and 24 have the highest offending rate in each racial and gender group.

True

False

Answer

Correct Answer: True

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In which of the following years was Dr. Jack Kevorkian charged with first degree murder?

1992

1994

1996

1998

Answer

Correct Answer: 1998

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Dr. Jack Kevorkian participated in about 130 assisted suicides in his lifetime.

True

False

Answer

Correct Answer: True

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