1. _____ is defined as instantaneous killing of another in the heat of passion in response to adequate provocation without a “cooling of blood.”
Answer
Correct Answer:
voluntary manslaughter
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2. _____ is killing resulting from the grossly negligent operation of a motor vehicle or resulting from driving while intoxicated.
Answer
Correct Answer:
vehicular manslaughter
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3. Is second-degree murder intentional killing of another with malice aforethought?
Answer
Correct Answer:
True
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4. _____ is known as an individual is personally aware that his or her conduct creates a substantial risk of death or serious bodily harm.
Answer
Correct Answer:
recklessness
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5. _____ is defined as the ideal type of the balanced and fair individual.
Answer
Correct Answer:
reasonable person
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6. _____ is a felon is liable for all foreseeable results of the felony.
Answer
Correct Answer:
proximate cause theory of felony murder
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7. Is premeditation and deliberation the standard for first-degree murder involving planning and reflecting on a killing. Premeditation may occur instantaneously?
Answer
Correct Answer:
True
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8. _____ is known as a plea that has the legal effect of a plea of guilty, but does not constitute an admission of guilt in proceedings outside of the immediate trial.
Answer
Correct Answer:
nolo contendere
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9. _____ is defined as arises when an individual commits an act that he or she is unaware creates a high degree of risk of human injury or death under circumstances in which a reasonable person would have been aware of the threat.
Answer
Correct Answer:
negligent manslaughter
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10. _____ is killing of another with malice aforethought and without excuse or justification.
Answer
Correct Answer:
murder
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11. Is mitigating circumstances factors that may reduce or moderate the sentence of a defendant convicted at trial?
Answer
Correct Answer:
True
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12. _____ is known as the unintentional killing of another during the commission of a criminal act that does not amount to a felony.
Answer
Correct Answer:
misdemeanor manslaughter
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13. _____ is defined as killing of another without malice aforethought and without excuse or justification.
Answer
Correct Answer:
manslaughter
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14. _____ is an intent to kill with ill will and hatred.
Answer
Correct Answer:
malice aforethought
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15. Is justifiable homicide killing is justified under the circumstances; this includes self-defense, police use of deadly force, and the death penalty?
Answer
Correct Answer:
True
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16. _____ is known as killing of another as a result of gross negligence, recklessness, or during the commission of an unlawful act.
Answer
Correct Answer:
involuntary manslaughter
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17. _____ is defined as acting in response to adequate provocation.
Answer
Correct Answer:
heat of passion
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18. _____ is the categorization of homicide in accordance with the “moral blameworthiness” of the perpetrator.
Answer
Correct Answer:
grading
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19. Is first-degree murder intentional and premeditated murder with malice aforethought?
Answer
Correct Answer:
True
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20. _____ is known as a killing committed during the commission of a felony.
Answer
Correct Answer:
felony murder
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21. _____ is defined as individuals are relieved of criminal liability based on lack of criminal intent. This includes insanity, infancy, and intoxication.
Answer
Correct Answer:
excusable homicide
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22. _____ is killing as a result of extreme recklessness, wanton unconcern, and indifference to human life with malice aforethought.
Answer
Correct Answer:
depraved heart murder
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23. Is criminal homicide all homicides that are neither justified nor excused?
Answer
Correct Answer:
True
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24. _____ is known as a killing for which a business enterprise is held criminally liable.
Answer
Correct Answer:
corporate murder
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25. _____ is defined as the point at which an individual who has been provoked no longer is acting in response to an act of provocation.
Answer
Correct Answer:
cooling of blood
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26. _____ is punishable by the death penalty or life imprisonment and, in non–capital punishment states, by life imprisonment. Also referred to in some states as aggravated murder.
Answer
Correct Answer:
capital murder
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27. Is brain death test the irreversible function of all brain functions is the point at which an individual is legally dead?
Answer
Correct Answer:
True
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28. _____ is known as factors that permit enhancement of an offender’s punishment, including an offender’s prior record, nature of the offense, and identity of the victim.
Answer
Correct Answer:
aggravating factors
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29. _____ is defined as a felon is liable for a murder committed by a co-felon.
Answer
Correct Answer:
agency theory of felony murder
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30. A man comes home to find his wife cheating on him. In a rage he takes his aggression out suddenly on the other man. The husband beats the man until he is dead. A jury may find the husband guilty of ______
Answer
Correct Answer:
Voluntary manslaughter
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31. The law holds that a provocatory act is sufficient to downgrade a homicide to manslaughter if it would provoke ______.
Answer
Correct Answer:
A reasonable person
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32. A young college student attends a local renaissance fair where he purchases a sharpened, replica claymore (large, two-handed sword). While waiting for the subway to take home, he decides to practice his swordsmanship. The other waiting passengers step back and watch his clumsy swordplay with amusement. However, one passenger is not paying attention and when the student brings the sword back behind him for a large swing he accidentally decapitates the passenger. Which classification of homicide most closely fits the student’s crime?
Answer
Correct Answer:
Involuntary manslaughter
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33. Two men get into a bar fight which spills out into the street. Both men are drunk. One man insults the otherʼs sister. The second man, taking the insult to his sister's honor rather personally, pulls a .45 revolver out of his coat pocket, shoots the man, and kills him. Which classifications of homicide most closely fits the second man's crime?
Answer
Correct Answer:
Second-degree murder
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34. If a corporation is found guilty of corporate murder the most likely punishment is imprisonment for the entire board of directors and managers who performed or approved of the conduct in question.
Answer
Correct Answer:
False
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35. A widowed mother has been dating a man for a few months. Her son tearfully tells her that the boyfriend has been “hurting” him. When she asks for details, her son essentially tells her that he has been secretly, but rather severely beating her son. The mother confronts her boyfriend about these allegations and his response is basically “yeah, I did it; so what?” The mother cannot believe her ears and in a fit of rage pulls a firearm from her vehicle next to her and kills him. Which classification of homicide most closely fits the mother's crime?
Answer
Correct Answer:
Second-degree murder
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36. All of the following are justifiable uses of homicide except ______.
Answer
Correct Answer:
Defense of property
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37. A woman walks into a bank and stands in line for a teller. When she walks up to the teller she pulls out a gun and informs the teller that this is a robbery. An elderly man standing in line next to her looks over and upon seeing the gun he has a heart attack and drops over, dead. Can the woman be held responsible for the elderly man's death?
Answer
Correct Answer:
Yes, it is reasonable to assume the shock of seeing the gun caused his heart attack
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38. Not every state has some form of a vehicular manslaughter law.
Answer
Correct Answer:
True
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39. The brain death test has been adopted by a majority of states to determine when death occurs.
Answer
Correct Answer:
True
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40. The grading of homicide is based upon ______.
Answer
Correct Answer:
Intent
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41. A woman is robbed at gunpoint; when she screamed for help her assailant shot and killed her. It turns out that she was five months pregnant, although she was only just beginning to show. According to the laws in most states, can the robber be charged with both the murder of the woman and her unborn child?
Answer
Correct Answer:
Yes, at five months the fetus is viable and thus is legally considered “a person.”
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42. Nolo contendre is the act of homicide with reckless indifference.
Answer
Correct Answer:
False
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43. All of the following are considered typical aggravation circumstances of murder EXCEPT ______.
Answer
Correct Answer:
The victim was an ethnic minority
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44. A homicide committed in a heinous or atrocious fashion qualifies as ______
Answer
Correct Answer:
An aggravated homicide and capital murder
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Contemporary Criminal Law (U.S.) MCQs | Topic-wise
