42. In most jurisdictions first-degree murder would include
a. murder committed with premeditation and deliberation
b. murder committed with atrocity or cruelty
c. committed by torture
d. any of the above
43. Which of the following, if present, would help to establish premeditation?
a. the defendant’s prior possession of the murder weapon
b. the defendant’s surreptitious approach toward the victim
c. prior threats by the defendant to do violence to the victim
d. any of the above
44. A killing with malice aforethought, but without premeditation and deliberation is best
defined as
a. manslaughter
b. second-degree murder
c. misdemeanor murder
d. depraved heart murder
45. An intentional homicide under extenuating circumstances that mitigates, but does not
justify or excuse the killing, is
a. second-degree murder
b. premeditated murder
c. involuntary manslaughter
d. voluntary manslaughter
46. An unintentional homicide, committed without malice, which is neither justified nor
excused, is
a. second-degree murder
b. premeditated murder
c. involuntary manslaughter
d. voluntary manslaughter
47. Self-defense, defense of others, defense of one’s dwelling, and killing done under public
authority are all examples of
a. excusable homicide
b. justifiable homicide
c. defensive homicide
d. assault