_____ is known as common law requirement that is being abandoned by many states that limits liability for homicide to a year and a day.
Answer
Correct Answer:
Year-and-a-day rule
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_____ 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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_____ is killing resulting from the grossly negligent operation of a motor vehicle or resulting from driving while intoxicated (DWI).
Answer
Correct Answer:
Vehicular manslaughter
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Is second-degree murder intentional killing of another with malice aforethought?
Answer
Correct Answer:
True
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_____ 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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_____ is defined as The ideal type of the balanced and fair individual.
Answer
Correct Answer:
Reasonable person
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_____ 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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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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_____ is known as negligent manslaughter 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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_____ is defined as killing of another with malice aforethought and without excuse or justification.
Answer
Correct Answer:
Murder
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_____ is factors that may reduce or moderate the sentence of a defendant convicted at trial.
Answer
Correct Answer:
Mitigating circumstances
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Is misdemeanor manslaughter killing during the course of a misdemeanor punished as involuntary manslaughter?
Answer
Correct Answer:
True
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_____ is known as killing of another without malice aforethought and without excuse or justification.
Answer
Correct Answer:
Manslaughter
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_____ is defined as an intent to kill with ill will and hatred. This may be express or implied.
Answer
Correct Answer:
Malice aforethought
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_____ is murder is justified under the circumstances. This includes self-defense, police use of deadly force, and the death penalty.
Answer
Correct Answer:
Justifiable homicide
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Is involuntary manslaughter killing of another as a result of gross negligence or recklessness or during the commission of an unlawful act?
Answer
Correct Answer:
True
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_____ is known as a killing committed with the purpose of causing serious physical injury.
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_____ is 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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Is depraved heart murder killing as a result of extreme recklessness and wanton unconcern and indifference to human life with malice aforethought?
Answer
Correct Answer:
True
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_____ is known as all homicides that are neither justified nor excused.
Answer
Correct Answer:
Criminal homicide
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_____ is defined as a “body of crime” or “substance of the crime.”
Answer
Correct Answer:
Corpus delicti
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_____ is 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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Is capital murder heinous, atrocious, and cruel killing of another. This 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:
True
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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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_____ is known as factors that permit the application of the death penalty under a capital murder statute, including an offender’s prior record, nature of the offense, and identity of the victim.
Answer
Correct Answer:
Aggravating factors
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_____ 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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According to the common law, the fetus has to be viable for the defendant to be liable for murder.
Answer
Correct Answer:
False
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An unintentional killing that results from an unlawful act not amounting to a felony is termed misdemeanor manslaughter.
Answer
Correct Answer:
True
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Some courts do not clearly state whether they require negligence or recklessness.
Answer
Correct Answer:
True
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______ is the killing of another during the commission of a crime that does not amount to a felony.
Answer
Correct Answer:
Misdemeanor manslaughter
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______ means that a defendant must have been personally aware that his or her conduct created a substantial risk of death or serious bodily harm.
Answer
Correct Answer:
Recklessness
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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.
Answer
Correct Answer:
False
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Which of the following is not a requirement for mens rea of first-degree murder?
Answer
Correct Answer:
Randomness
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An example of negligence is when a defendant pours gasoline through the mail slot of the victim’s house and sets the gasoline on fire, killing two of the victim’s children.
Answer
Correct Answer:
False
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______ is also known as murder in the heat of passion.
Answer
Correct Answer:
Voluntary manslaughter
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State capital murder or aggravated murder statutes typically reserve death for premeditated killings with the presence of various aggravated factors or special circumstances.
Answer
Correct Answer:
True
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