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1. Which of the following requirements is included in those generally required by courts to reduce murder to
manslaughter?
a. there must be adequate provocation
b. the killing must have been in a heat of passion
c. there must have been no opportunity to cool off
d. all of these are included in the requirements for reducing murder to manslaughter.
2. Which of the following requirements is NOT included in those generally required by courts to reduce murder to
manslaughter?
a. there must be adequate provocation
b. the killing must have been in a heat of passion
c. the killing must not have occurred during another crime
d. there must be a causal connection between the provocation, the rage or anger, and the fatal act
3. The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is
a. habeas corpus
b. corpus collosum
c. corpus delicti
d. corpus respondeat
4. If the body of the murder victim is never found, the defendant
a. may be held in custody indefinitely
b. may be convicted based on circumstantial evidence
c. can never be convicted of murder
d. may be convicted only of manslaughter
5. When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death
was due to an unlawful act
a. jurors may speculate as to cause of death
b. the defendant is still likely to be convicted of murder
c. the defendant will likely plead self defense
d. corpus delicti has not been proved
6. The U.S. Supreme Court upheld the Oregon Death with Dignity Law because it reasoned that treating a physician
writingaprescriptionforamercykillingas“drugabuse”was
a. unreasonable
b. ridiculous
c. irresponsible
d. reasonable
7. Under the old common law
a. the killing of a fetus was a capital offense
b. killing a fetus carried the same penalty as for killing an adult
c. murder of a newborn required showing it was born alive
d. murder of a child required the child have lived at least one-year-and-a-day
8. Which of the following is NOT required under the Oregon Death with Dignity Law for a person to legally commit
suicide?
a. a patient must be found to be terminally ill and have less than six months to live
b. patients must have the mental capacity to fully understand the situation that confronts them
c. a 15-day waiting period after the patient applies and is found to have qualified for physician-assisted suicide
d. aphysicianmustprescribeandadministerthedrugstoendthepatient’slife
9. Under the common law, the killing of a fetus was
a. not a homicide
b. feticide
c. homicide
d. genocide
10. At common law, how soon must a victim die after time of the wrongful act for a homicide conviction?
a. one year and a day
b. one year
c. one month
d. one day
11. The doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt
instead is called
a. transferred intent
b. manslaughter
c. voluntary manslaughter
d. involuntary manslaughter
12. Ifapersoniskilledduringthecommissionofafelonynotlistedin§1111,itis
a. not murder solely because of the felony committed
b. not murder
c. murder solely because of the felony committed
d. none of these answers is correct
13. Which of the following is almost never sufficient provocation to reduce a charge of murder to that of
manslaughter?
a. words and gestures
b. battery
c. adultery
d. trespass
14. Corpus delicti means the
a. body of the crime
b. scene of the crime
c. essence of the crime
d. victim of the crime
15. A killer whose gun shot misses the intended victim but kills a bystander can be convicted of the intentional murder
of the bystander by use of the doctrine of
a. transferred intent
b. accidental murder
c. common design
d. concurrent mens rea
16. A death at the hands of one who intended to do only serious bodily harm
a. will be prosecuted as a misdemeanor
b. will be prosecuted the same as intentional murder
c. will likely be prosecuted for a lesser degree of murder
d. cannot be prosecuted
17. Depraved-mind murder
a. includes specific intent to injure or harm
b. is called second-degree murder in some states
c. is always a capital offense
d. is a misdemeanor
18. A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of
a. depraved heart murder
b. involuntary manslaughter
c. felony murder
d. excusable homicide
19. Most states have
a. abolished the felony murder rule
b. reduced felony murder to a misdemeanor
c. found felony murder to be unconstitutional
d. retained some form of the felony murder rule
20. Some states have limited the felony murder rule by requiring that the
a. defendant have intend to kill the victim
b. felony is a dangerous one
c. victim has actively opposed the defendant
d. victim has acted negligently
21. Today, medical science makes proving the connection between actions and a resulting death much easier and
clearer, so most states have dropped the
a. year-and-a-day rule
b. decade-and-a-day rule
c. month-and-a-day rule
d. week-and-a-day rule
22. If it appears the victim may have provoked the killing, the defendant will likely be charged with
a. felony murder
b. manslaughter
c. first-degree murder
d. depraved-mind murder
23. Inthosestatesthatstillhavethebornaliverequirement,afetusmustbeborn“alive”beforeitsdeathcanbe
a. murder
b. voluntary manslaughter
c. manslaughter
d. feticide
24. The crime commonly charged when the victim causes the defendant to become enraged to the point of losing
normal self-control and killing, is
a. depraved-mind murder
b. depraved-heart murder
c. heat of passion manslaughter
d. felony murder
25. Under the doctrine of transferred intent, the intention formed by the perpetrator of a homicide as to an intended
victimis“transferred”tothekillingof
a. an unintended victim
b. a felony victim
c. the co-defendant
d. any injured police officer
26. If there is an interval between the act provoking the killer and the killing, the jury will consider if there was
a. an intent to kill
b. a deadly weapon used
c. a cooling of the blood
d. perfect defense
27. Which of the following DO NOT require proof of intent to kill?
a. involuntary manslaughter
b. reckless homicide
c. second degree murder based on intent to do serious bodily injury
d. none of these required proof of intent to kill
28. In all states, the death of the victim of a listed felony, and a third person killed by the felon, constitute
a. felony murder
b. involuntary manslaughter
c. first degree homicide
d. voluntary manslaughter
29. When extreme negligence or wanton or reckless conduct on the part of the defendant brings about an unintended
death, the charge will most likely be
a. depraved-mind murder
b. capital murder
c. felony murder
d. involuntary manslaughter
30. The State of Oregon has the power to determine what conduct is criminal in that state
a. unless it contravenes some Federal law
b. no matter what
c. unless it contravenes some other states law
d. none of these answers is correct
31. Ifamurdervictim’sbodyisneverfound,thedefendantcannotbeconvictedofmurder.
a. True
b. False
32. Under the old common law, the killing of a fetus was not a homicide.
a. True
b. False
33. Most states have abrogated the year-and-a-day rule.
a. True
b. False
34. Involuntary manslaughter requires proof of intent to kill.
a. True
b. False
35. A charge of murder could be reduced to manslaughter if provocation existed to cause the criminal conduct.
a. True
b. False
36. The doctrine of transferred intent allows a murder suspect to escape punishment if someone other than the
intended victim is killed.
a. True
b. False
37. Most states still have some form of the felony murder rule.
a. True
b. False
38. Felony murder is the appropriate charge when the defendant was provoked into losing normal self-control
resulting in a killing.
a. True
b. False
39. The test of the adequacy of provocation in a voluntary manslaughter case is how a reasonable person would react
to the provocation.
a. True
b. False
40. The U.S. Supreme Court held that the Death with Dignity Law did not violate the Federal Controlled Substance
Law.
a. True
b. False
41. The term ____________ delicti means the body or substance of a crime.
42. When the common law year-and-a-day rule is abrogated by a state supreme court, the court must determine
whether to make the abrogation retroactive, or
.
43. Becausemostcriminalhomicidestatutesprohibitedonlythekillingofa“person”ora“humanbeing,”these
statutes did not include the killing of a , which was not a person under the common law.
44. A doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt instead.
Theindividualcausingtheharmwillbeseenashaving“intended”theactbymeansofthe“ intent”doctrine.
45. Many states divide _____________ into two categories: voluntary and involuntary.
46. For the crime to be voluntary manslaughter, the crime must have resulted from a sufficient or adequate
___________.
47. The test of the adequacy of provocation in manslaughter cases is determined by how the average or
____________ person would react under those circumstances.
48. Imperfect self-defense can reduce a charge of murder to that of ___________.
49. Involuntary manslaughter and homicide do not require proof of intent to kill.
50. When a person participates in the death of another, the act may constitute the crime of murder or
__________________.
51. Explain the doctrine of transferred intent. What crimes does it apply to? Why is it important?
52. Whatismeantby“corpusdelicti?”Explainhowadefendantmaybeprosecutedformurderwhenthevictim’s
body has not been found.
53. Definethe“bornalive”requirementincommonlawmurderandhowfeticidestatuteschangethecommonlaw.
54. What is the year-and-a-day rule for the crime of murder? Why and how have some states made significant
changes to that rule?
55. What homicides do not require proof of intent to kill? Explain why.
56. To reduce murder to manslaughter, courts generally hold that what four requirements be met?
57. Explain the origin of the felony murder rule and what the rule states. In states that have the rule, what limitations
have been imposed?
58. Define, compare, and contrast the crimes of voluntary and involuntary manslaughter. Provide an example of each.
59. What is heat of passion manslaughter? What are its requirements?
60. Why did the U.S. Supreme Court uphold the Oregon Death with Dignity Law?
