7.4 Homicide -7.6.3 Intimate Partner Violence

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Questions and Answers

Which classification of murder typically qualifies the defendant for execution if the jurisdiction allows for the death penalty?

  • Voluntary manslaughter
  • Second-degree murder
  • First-degree murder (correct)
  • Involuntary manslaughter

What distinguishes second-degree murder from first-degree murder?

  • Intent to inflict serious bodily injury instead of intent to kill (correct)
  • Recklessness rather than purposeful with express malice
  • Extreme indifference to the value of human life
  • Mitigating factors that rationalize the killing

What is the main difference between voluntary and involuntary manslaughter?

  • Emotional state called a heat of passion
  • Presence or absence of criminal intent (correct)
  • Level of criminal responsibility
  • Severity of punishment

What is the mens rea (criminal intent element) of reckless homicide?

<p>Recklessness (A)</p> Signup and view all the answers

Which of the following is considered aggravated assault?

<p>Throwing a rock at someone (A)</p> Signup and view all the answers

What is the difference between simple assault and intimate partner violence (IPV)?

<p>Simple assault is a singular occurrence while IPV is prolonged (C)</p> Signup and view all the answers

What determines the level of assault in a crime?

<p>All of the above (D)</p> Signup and view all the answers

What is the mens rea element required for assault?

<p>Negligent intent (B)</p> Signup and view all the answers

According to the Model Penal Code, the actual result must have a just bearing on the actor's liability. This is known as

<p>Objective foreseeability (B)</p> Signup and view all the answers

Which of the following is an example of a noncriminal homicide?

<p>A lawful execution pursuant to the death penalty (D)</p> Signup and view all the answers

What is the key difference between a justifiable homicide claim and an excusable homicide claim?

<p>Justifiable homicide focuses on the criminal action, while excusable homicide focuses on the person's mental state (C)</p> Signup and view all the answers

What is a characteristic of first-degree murder?

<p>Premeditation and specific intent to kill (A)</p> Signup and view all the answers

Which of the following is a factor that complicates the determination of homicide?

<p>The definition of 'human being' varies by jurisdiction (C)</p> Signup and view all the answers

What is the difference between factual and legal causation?

<p>Factual causation is the cause of a result, while legal causation is the antecedent but for which the result would not have occurred (C)</p> Signup and view all the answers

Why is establishing that a homicide even occurred challenging in certain scenarios?

<p>It may involve a more detailed exploration of a complex scenario involving things like pregnancy or life-support measures (C)</p> Signup and view all the answers

Which type of murder charge depends on the circumstances under which the killing took place?

<p>Felony murder (C)</p> Signup and view all the answers

What is the general rule for felony murder in many jurisdictions?

<p>If one person kills a victim while committing or attempting to commit a specified felony, then all defendants involved in the felony are guilty of felony murder. (B)</p> Signup and view all the answers

What makes a murder worse and is considered aggravated murder?

<p>All of the above (D)</p> Signup and view all the answers

What is the difference between simple assault and aggravated assault?

<p>Simple assault is a misdemeanor, while aggravated assault is a felony. (A)</p> Signup and view all the answers

Which of the following is a factor that complicates the determination of homicide?

<p>All of the above (D)</p> Signup and view all the answers

Which of the following is NOT a characteristic of first-degree murder?

<p>Accidental occurrence (A)</p> Signup and view all the answers

What is the difference between factual and legal causation?

<p>Factual causation involves the killing of one human being by another, while legal causation involves the killing of a human being by an action that should have been known to cause death (B)</p> Signup and view all the answers

What is the key difference between voluntary manslaughter and involuntary manslaughter?

<p>The absence of malice (D)</p> Signup and view all the answers

What is the key difference between a justifiable homicide claim and an excusable homicide claim?

<p>Justifiable homicide is a complete defense, while excusable homicide is a partial defense (D)</p> Signup and view all the answers

What is the main factor that distinguishes second-degree murder from first-degree murder?

<p>The presence of premeditation (D)</p> Signup and view all the answers

What is the mens rea element required for first-degree murder?

<p>Specific intent to kill (B)</p> Signup and view all the answers

Which of the following is considered a factor that makes a murder worse and is classified as aggravated murder?

<p>Killing motivated by hate and bigotry (A)</p> Signup and view all the answers

What is the difference between simple assault and aggravated assault?

<p>The severity of the harm caused (B)</p> Signup and view all the answers

Which of the following is an example of felony murder?

<p>A person unintentionally kills someone while robbing a bank (D)</p> Signup and view all the answers

What is the general rule for felony murder in many jurisdictions?

<p>If one person kills a victim while committing a specified felony, all defendants involved in the felony are guilty of felony murder (D)</p> Signup and view all the answers

What is the key distinction between first-degree murder and second-degree murder?

<p>First-degree murder involves premeditation, while second-degree murder does not. (A)</p> Signup and view all the answers

What is the primary difference between voluntary manslaughter and involuntary manslaughter?

<p>Voluntary manslaughter involves a heat of passion, while involuntary manslaughter does not. (D)</p> Signup and view all the answers

Which of the following is an example of involuntary manslaughter?

<p>A killing that occurs due to extreme recklessness or negligence. (A)</p> Signup and view all the answers

What distinguishes manslaughter from first- or second-degree murder?

<p>Manslaughter lacks malice aforethought, while first- or second-degree murder does not. (C)</p> Signup and view all the answers

Which of the following is considered a factor that can elevate an assault to aggravated assault?

<p>The use of a deadly weapon (C)</p> Signup and view all the answers

What distinguishes intimate partner violence (IPV) from simple assault or aggravated assault?

<p>It occurs between people in a close relationship (C)</p> Signup and view all the answers

What is the difference between simple assault and aggravated assault?

<p>The level of intent involved (B)</p> Signup and view all the answers

What is the mens rea element required for assault in many jurisdictions?

<p>General intent (B)</p> Signup and view all the answers

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