Chapter 776 Homicide Josh Test

What is excusable homicide?

Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution (correct)

Homicide is excusable only if the perpetrator was provoked

Homicide is excusable if the person killed was a criminal

Homicide is excusable when committed during a war

The abrogation (annulment) of common-law rule of evidence known as “year-and-a-day rule of evidence applicable to homicide prosecutions presumes that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of the injury and the victim’s death exceeds a year and a day and is applicable in Florida?

False

Murder is defined as the unlawful killing of a human being when perpetrated from a premeditated design or committed by a person engaged in the perpetration of, or in the attempt to perpetrate any forcible felony. What is this type of murder called?

Murder in the first degree and constitutes a capital felony (correct)

Murder in the second degree

Voluntary manslaughter

Involuntary manslaughter

In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine what?

sentence of death or life imprisonment Signup and view all the answers

If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within ______ after arraignment.

45 days Signup and view all the answers

The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is?

murder in the second degree and constitutes a felony of the first degree Signup and view all the answers

Murder in the second degree constitutes a felony of the first degree, punishable by imprisonment for a term of?

Years not to exceed life imprisonment Signup and view all the answers

When a human being is killed during the perpetration of, or during the attempt to perpetrate a forcible felony by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, what does the person perpetrating or attempting to perpetrate such felony commit?

Murder in the second degree, which constitutes a felony of the first degree Signup and view all the answers

The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than a forcible felony commits what offense?

Murder in the third degree and constitutes a felony of the second degree Signup and view all the answers

Any person who perpetrates or attempts to perpetrate any felony and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits what?

Felony of the first degree, punishable by imprisonment for a term of years not exceeding life Signup and view all the answers

When a person is injured during the perpetration of or the attempt to perpetrate any felony by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, what crime does the person perpetrating or attempting to perpetrate such felony commit?

A felony of the second degree Signup and view all the answers

Under what circumstances may a defendant be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt?

The defendant committed murder or attempted felony murder Signup and view all the answers

The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification is considered what type of crime?

Felony of the second degree Signup and view all the answers

A person who causes the death of any elderly person or disabled adult by culpable negligence commits what crime?

Aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree Signup and view all the answers

A person who causes the death of any person under the age of 18 by culpable negligence commits what crime?

aggravated manslaughter of a child, a felony of the first degree Signup and view all the answers

What is 'vehicular homicide'?

Killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm Signup and view all the answers

What is vehicular homicide?

A felony of the second degree Signup and view all the answers

For a vehicular homicide conviction, in addition to any other punishment, what may the court order the person to serve?

120 community service hours in a trauma center or hospital Signup and view all the answers

Assisting self-murder: Every person deliberately assisting another in the commission of self-murder shall be guilty of what?

manslaughter, a felony of the second degree Signup and view all the answers

The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed?

Murder in the same degree as that which would have been committed against the mother Signup and view all the answers

Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of?

manslaughter, a felony of the second degree Signup and view all the answers

What does 'partially born' mean in the context of a living fetus?

There has been delivered past the mother’s vaginal opening Signup and view all the answers

What does the term 'living fetus' refer to?

An unborn member of the human species who has a heartbeat or discernible spontaneous movement Signup and view all the answers

Any person who intentionally kills a living fetus while that fetus is partially born commits the crime of?

Partial-birth abortion, which is a felony of the second degree Signup and view all the answers