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</p> Signup and view all the answers

    Which of the following is considered aggravated assault?

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

    What determines the level of assault in a crime?

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

    What is the mens rea element required for assault?

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

    What is a characteristic of first-degree murder?

    <p>Premeditation and specific intent to kill</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</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</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</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</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.</p> Signup and view all the answers

    What makes a murder worse and is considered aggravated murder?

    <p>All of the above</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.</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</p> Signup and view all the answers

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

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

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

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

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

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

    What is the difference between simple assault and aggravated assault?

    <p>The severity of the harm caused</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</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</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.</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.</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.</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.</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</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</p> Signup and view all the answers

    What is the difference between simple assault and aggravated assault?

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

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

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

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