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54 Cards in this Set
- Front
- Back
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Most of the law criminal homicide is about
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grading the seriousness of the offense
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According to the Uniform Brain Death Act, a person is considered dead when
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he or she has suffered irreversible cessation of all brain
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As the common law developed, murder was distinguished from manslaughter in that murder required
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malice aforethought.
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Throughout most of its history, homicide law has followed what rule?
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the born alive rule
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What is the name of assisted suicide?
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euthanasia
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Which of the following is not one of the forms of euthanasia?
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malicious
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The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the
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mens rea.
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In which of the following cases did the Supreme Court approve Oregon’s Death with Dignity Act?
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Gonzalez v. Oregon (2005)
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The true test of premeditation is
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the extent of reflection.
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Why was the crime of murder divided into first and second degree?
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to separate murders that deserve the death penalty from those that do not
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What state was the first to separate murder into two degrees?
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Pennsylvania
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An intentional, sudden killing triggered by an adequate provocation is said to be
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the heart of voluntary manslaughter.
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The Constitution requires that in capital punishment cases
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when deciding whether a death sentence should be imposed, judges and juries
must be guided by specific criteria established by statute. |
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Bifurcation requires
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that in a death penalty case there are two phases: the trial on guilt or innocence and a separate hearing, after a guilty verdict, to consider the evidence for and against capital punishment.
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In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered
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a mitigating factor.
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What reduces the seriousness of the crime and the punishment to allow for human frailty?
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provocation
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The central elements in involuntary manslaughter are
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actus reus and mens rea.
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About half of the states in the U.S. have abolished which of the following?
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unlawful act manslaughter
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Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?
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torture of victim
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Murder that is extremely reckless but unintentional is known as
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depraved heart murder.
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If an armed offender accidentally killed the store clerk during an armed robbery, this would be
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felony murder
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Unintentional deaths that occur during the commission of some felonies are called
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felony murder.
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Which of the following refers to an offense that is inherently evil?
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mala in se
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Which of the following is true?
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criminal homicides are very rare events
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In which case did the California Supreme Court refused to push back the definition of person to include fetuses before the birth process?
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Keeler v. Superior Court (1970)
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By 1700, the English common and statute laws of homicide and the American colonies’ law recognized three kinds of homicide. Which of the following is not one of those kinds of homicide?
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paramour homicide
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Voluntary manslaughter involves intentionally killing another in the sudden heat of passion which
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was caused by a legally recognized adequate provocation.
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Which of the following is generally not deemed to be a legally adequate provocation for voluntary manslaughter?
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verbal provocation
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With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test?
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objective test of cooling-off time
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Which of the following is not a kind of involuntary manslaughter?
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common-law manslaughter
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Which of the following is true about provocation?
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is not an excuse for criminal homicide
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Which of the following would not be included in criminal negligence homicide statutes?
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unintentional deaths caused by accidental discharge of a firearm during a robbery
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The mens rea of involuntary manslaughter is usually
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reckless or negligent.
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Knowingly creating a substantial and unjustifiable risk is the definition of
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recklessness.
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Unlawful act manslaughter is sometimes also referred to as
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misdemeanor manslaughter.
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Criminal homicide is different from all other crimes because of the finality of its result: the death of the victim.
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T
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Most of the law criminal homicide is about grading the seriousness of the offense.
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T
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The meaning of “person” is unimportant to homicide law
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F
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Degrees of murder developed though history.
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T
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Insulting gestures or words and racial slurs are adequate legal provocation for manslaughter.
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F
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A criminal homicide committed with malice aforethought is murder.
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T
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The heart of voluntary manslaughter is an unintentional, sudden killing triggered by an adequate provocation.
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F
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All felony murders are intentional homicides.
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F
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Most criminal homicide statutes apply to corporations.
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T
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Corporations cannot be guilty of criminal homicide.
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F
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The central elements in involuntary manslaughter are its actus reus and its mens rea.
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T
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Criminal negligence homicide statutes cover a wide field.
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T
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Depraved heart murder is defined as extremely reckless killings
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T
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In some states, the legislatures have created the new crime of feticide, specifically aimed at the killing of a fetus.
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T
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“Express” malice aforethought was reserved for killings that fit the original meaning of murder—intentional killings planned in advance.
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T
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In a voluntary manslaughter case, adequate provocation is evaluated using a subjective test that examines what was adequate to provoke a particular defendant to kill the victim.
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F
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The term “aforethought” refers to planning in advance.
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T
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The mens rea of homicide is killing another person or human being
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F
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Aggravating factors can turn an intentional murder into a capital murder.
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T
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