Instructor’s Resource Manual with Test Bank
Chapter 9 Test Bank
Crimes Against Persons I: Murder and Manslaughter
MULTIPLE CHOICE
1. Most of the law criminal homicide is about
a.
grading the seriousness of the offense.
b.
grading the punishment for the offense.
c.
reducing the seriousness of the offense.
d.
reducing the punishment for the offense.
2. According to the Uniform Brain Death Act, a person is considered dead when
a.
his or her heart stops.
b.
he or she is in a deep coma, with only sustained breathing and heartbeat.
c.
he or she has suffered irreversible cessation of all brain functions, including those
of the brain stem.
d.
his or her breathing has ceased.
3. As the common law developed, murder was distinguished from manslaughter in that
murder required
a.
malice aforethought.
b.
adequate provocation.
c.
heat of passion.
d.
no actus reus.
4. Throughout most of its history, homicide law has followed what rule?
a.
the born alive rule
b.
the viable rule
c.
the conception rule
d.
the living rule
5. What is the name of assisted suicide?
a.
euthanasia
b.
homicide
c.
involuntary manslaughter
d.
voluntary manslaughter
Chapter 9: Crimes Against Persons I: Murder and Manslaughter
6. Which of the following is not one of the forms of euthanasia?
a.
passive
b.
active
c.
beneficent
d.
malicious
7. The degree of murder or type of homicide is determined by the actus reus, special
circumstances, and the
a.
concurrence.
b.
act.
c.
harm.
d.
mens rea.
8. In which of the following cases did the Supreme Court approve Oregon’s Death with
Dignity Act?
a.
State v. Cotton (2000)
b.
Washington v. Glucksberg (1997)
c.
Gonzalez v. Oregon (2005)
d.
Byford v. State (2000)
9. The true test of premeditation is
a.
the extent of reflection.
b.
the extent of time.
c.
the extent of injury.
d.
the extent of societal harm.
10. Why was the crime of murder divided into first and second degree?
a.
to allow some offenders to claim “benefit of clergy”
b.
to make it easier for states to convict murderers
c.
to distinguish between malicious and deliberate murders
d.
to separate murders that deserve the death penalty from those that do not
11. What state was the first to separate murder into two degrees?
a.
Virginia
b.
New York
c.
Pennsylvania
d.
Massachusetts
12. An intentional, sudden killing triggered by an adequate provocation is said to be
a.
the heart of voluntary manslaughter.
b.
the heart of involuntary manslaughter.
c.
the heart of first degree homicide.
d.
the heart of second degree homicide.
13. The Constitution requires that in capital punishment cases
a.
judges and juries have wide discretion in deciding who is sentenced to death.
b.
mandatory death sentences are appropriate in certain clearly defined situations.
c.
when deciding whether a death sentence should be imposed, judges and juries
must be guided by specific criteria established by statute.
d.
states can limit the types of mitigating factors that the defendant can introduce.
14. Bifurcation requires
a.
that the crime of murder is divided into intentional and unintentional murder.
b.
that the crime of murder is divided into first degree and second degree murder.
c.
that state death penalty statutes allow mitigating evidence to be introduced during
the penalty phase of a capital murder trial.
d.
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.
15. In a death penalty case, a finding by the jury that the defendant did not have a
significant criminal background is considered
a.
an aggravating factor.
b.
a mitigating factor.
c.
a complicating factor.
d.
an irrelevant factor.
16. What reduces the seriousness of the crime and the punishment to allow for human
frailty?
a.
provocation
b.
justification
c.
torture
d.
verbal attack
Chapter 9: Crimes Against Persons I: Murder and Manslaughter
17. The central elements in involuntary manslaughter are
a.
actus reus and mens rea.
b.
actus rea and mens reus.
c.
caveat emptor and mens rea.
d.
actus reus and caveat emptor.
18. About half of the states in the U.S. have abolished which of the following?
a.
second degree murder
b.
voluntary manslaughter
c.
unlawful act manslaughter
d.
involuntary manslaughter
19. Which of the following is typically an aggravating circumstance that will justify
infliction of the death penalty?
a.
torture of victim
b.
victim attempted to defend themselves
c.
victim was related to offender
d.
victim was a stranger
20. Murder that is extremely reckless but unintentional is known as
a.
felony murder.
b.
depraved heart murder.
c.
voluntary manslaughter.
d.
excusable homicide.
21. If an armed offender accidentally killed the store clerk during an armed robbery, this
would be
a.
felony murder.
b.
excusable homicide.
c.
involuntary manslaughter.
d.
depraved heart murder.
22. Unintentional deaths that occur during the commission of some felonies are called
a.
felony murder.
b.
excusable homicide.
c.
involuntary manslaughter.
d.
depraved heart murder.
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23. Which of the following refers to an offense that is inherently evil?
a.
mala in se
b.
mala prohibitum
c.
actus reus
d.
mens rea
24. Which of the following is true?
a.
criminal homicides are very rare events
b.
no states have passed euthanasia laws
c.
first- and second-degree murder are the only crimes you can be executed for
d.
killing another “person” is central to criminal homicide liability because it
determines the punishment
25. In which case did the California Supreme Court refused to push back the definition of
person to include fetuses before the birth process?
a.
Keeler v. Superior Court (1970)
b.
State v. Cotton (2000)
c.
State v. Fiero (1979)
d.
Byford v. State (2000)
26. 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?
a.
justifiable homicide
b.
excusable homicide
c.
criminal homicide
d.
paramour homicide
27. Voluntary manslaughter involves intentionally killing another in the sudden heat of
passion which
a.
was caused by a legally recognized adequate provocation.
b.
was caused by a mental disease or defect.
c.
caused the actor to be reckless.
d.
gave the actor time to cool off.
Chapter 9: Crimes Against Persons I: Murder and Manslaughter
28. Which of the following is generally not deemed to be a legally adequate provocation
for voluntary manslaughter?
a.
verbal provocation
b.
mutual combat
c.
adultery by spouse
d.
assault and battery
29. With regard to cooling off for voluntary manslaughter, assuming the defendant did
not, in fact, cool off, most courts would then apply what test?
a.
objective test of cooling-off time
b.
overt test of cooling-off time
c.
lenient test of cooling-off time
d.
subjective test of cooling-off time
30. Which of the following is not a kind of involuntary manslaughter?
a.
criminal negligence manslaughter
b.
unlawful act manslaughter
c.
misdemeanor manslaughter
d.
common-law manslaughter
31. Which of the following is true about provocation?
a.
is not an excuse for criminal homicide
b.
it does not reduce the seriousness of the crime
c.
it does not reduce the punishment for the crime
d.
it only applies to depraved heart murders
32. Which of the following would not be included in criminal negligence homicide
statutes?
a.
unintentional deaths caused by handling explosives
b.
unintentional deaths caused by delivering drugs
c.
unintentional deaths caused by failing to care for a sick child
d.
unintentional deaths caused by accidental discharge of a firearm during a robbery
Instructor’s Resource Manual with Test Bank
33. The mens rea of involuntary manslaughter is usually
a.
reckless or negligent.
b.
intentional.
c.
deliberate and premeditated.
d.
implied malice.
34. Knowingly creating a substantial and unjustifiable risk is the definition of
a.
negligence.
b.
gross negligence.
c.
recklessness.
d.
criminal negligence.
35. Unlawful act manslaughter is sometimes also referred to as
a.
voluntary manslaughter.
b.
misdemeanor manslaughter.
c.
felony murder.
d.
depraved heart murder.
TRUE/FALSE
1. Criminal homicide is different from all other crimes because of the finality of its
result: the death of the victim.
a. true
b. false
2. Most of the law criminal homicide is about grading the seriousness of the offense.
a. true
b. false
3. The meaning of “person” is unimportant to homicide law.
a. true
b. false
Chapter 9: Crimes Against Persons I: Murder and Manslaughter
4. Degrees of murder developed though history.
a. true
b. false
5. Insulting gestures or words and racial slurs are adequate legal provocation for
manslaughter.
a. true
b. false
6. A criminal homicide committed with malice aforethought is murder.
a. true
b. false
7. The heart of voluntary manslaughter is an unintentional, sudden killing triggered by an
adequate provocation.
a. true
b. false
8. All felony murders are intentional homicides.
a. true
b. false
9. Most criminal homicide statutes apply to corporations.
a. true
b. false
10. Corporations cannot be guilty of criminal homicide.
a. true
b. false
Instructor’s Resource Manual with Test Bank
11. The central elements in involuntary manslaughter are its actus reus and its mens rea.
a. true
b. false
12. The trend in the law is to abolish the illegal act manslaughter rule.
a. true
b. false
13. Criminal negligence homicide statutes cover a wide field.
a. true
b. false
14. Depraved heart murder is defined as extremely reckless killings.
a. true
b. false
15. In some states, the legislatures have created the new crime of feticide, specifically
aimed at the killing of a fetus.
a. true
b. false
16. “Express” malice aforethought was reserved for killings that fit the original meaning
of murder—intentional killings planned in advance.
a. true
b. false
17. 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.
a. true
b. false
Chapter 9: Crimes Against Persons I: Murder and Manslaughter
18. The term “aforethought” refers to planning in advance.
a. true
b. false
19. The mens rea of homicide is killing another person or human being.
a. true
b. false
20. Aggravating factors can turn an intentional murder into a capital murder.
a. true
b. false
COMPLETION
1. According to the ____________, a fetus could not be the victim of a homicide.
2. Most of the law of criminal homicide is about the seriousness of
the offense.
3. Insulting gestures and words are not legally adequate____________ for purposes of
voluntary manslaughter.
4. Premeditation need not be for a day, an hour, or even a minute. It may be as
as successive thoughts of the mind.
Instructor’s Resource Manual with Test Bank
5. The mens rea for involuntary manslaughter is negligence or ___________.
6. _________________ factors in a death penalty case are introduced during the penalty
phase of the case in order to establish that a defendant should be imprisoned instead of
being sentenced to death.
7. The intentional killing form of manslaughter is ________ manslaughter.
8. Unlawful act manslaughter is also known as ___________ manslaughter.
9. If the defendant had sufficient time to cool-off after the sudden passion and before the
killing, the crime is considered , not voluntary manslaughter.
10. The meaning of “ ” is integral to homicide law.
Chapter 9: Crimes Against Persons I: Murder and Manslaughter
ESSAY
1. Discuss how the meaning of “person” is integral to homicide law. How does it present
problems at both ends of the life cycle?
2. Define, compare, and contrast voluntary and involuntary manslaughter.
3. Discuss the current law of the actus reus and mens rea of murder. Be sure to provide
examples.
Instructor’s Resource Manual with Test Bank
4. Most states today have four main types of criminal homicide. Define and discuss these
and provide examples.
5. Discuss the issues surrounding the definition of the terms “premeditated” and
“deliberate” in first degree murder statutes.