Questions and Answers
When is the use of deadly force justifiable?
What is the common-law rule of evidence known as?
What is the consequence of the 'year-and-a-day rule' being abrogated?
What is excusable homicide?
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What is not a circumstance under which homicide is excusable?
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When is homicide committed with unlawful intent?
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What is the term used to describe the killing of a human being with a premeditated design to effect the death of the person killed or any human being?
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Which of the following is an example of a felony that can lead to a murder charge if committed during its perpetration?
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What is the term used to describe the unlawful killing of a human being without a premeditated design to effect the death of any particular individual?
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What must the prosecutor give to the defendant if they intend to seek the death penalty?
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What is the term used to describe the distribution of a substance that results in the death of the user?
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Which of the following is NOT a substance that can be proven to have caused or contributed to the death of the user?
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What is the procedure that must be followed to determine the sentence of death or life imprisonment?
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What is the term used to describe an act that is imminently dangerous to another and evincing a depraved mind regardless of human life?
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Which of the following is an example of an aggravating factor that can be used to prove a murder charge?
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What is the time frame within which the prosecutor must give notice to the defendant if they intend to seek the death penalty?
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What happens when a human being is killed during the perpetration of certain felonies?
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Which of the following is NOT a felony that can lead to murder in the second degree?
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What is the meaning of 'substantial factor' in the context of murder in the third degree?
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What is an example of an act of terrorism according to the statute?
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What is the intention behind an act of terrorism?
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What is the punishment for murder in the third degree?
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Which of the following is an example of a felony that can lead to murder in the second degree?
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What is the difference between murder in the second degree and murder in the third degree?
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What is the consequence of committing murder in the second degree?
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Which of the following is a characteristic of an act of terrorism?
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What is the rank in the Criminal Punishment Code for committing an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another, in the perpetration or attempted perpetration of any felony enumerated in s. 782.04(3)?
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What is the punishment for committing an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another, in the perpetration or attempted perpetration of any felony other than a felony enumerated in s. 782.04(3)?
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When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, what is the rank in the Criminal Punishment Code?
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What is the punishment for a defendant who commits murder in violation of s. 782.04 and the victim is a law enforcement officer, correctional officer, correctional probation officer, etc.?
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What is required to be found beyond a reasonable doubt in s. 782.065?
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What is the effect of s. 782.065 on ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921?
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What are the terms defined in s. 943.10 that are relevant to s. 782.065?
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What is the section of the Florida Statutes that specifies the punishment for attempted murder in the first or second degree?
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What is the condition under which a defendant shall be sentenced to life imprisonment without eligibility for release under s. 782.065?
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What is the effect of s. 782.051 on the punishment for committing an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another?
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What is the degree of felony for manslaughter?
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What is the term used to describe the killing of a human being by the operation of a motor vehicle?
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What is the degree of felony for aggravated manslaughter of an elderly person or disabled adult?
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Who can commit aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic?
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What is the minimum degree of felony for vehicular homicide?
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What is the term used to describe the killing of a human being by the operation of a vessel?
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What is the consequence of committing aggravated manslaughter of a child?
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What is the punishment for vehicular homicide if the person failed to give information and render aid?
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What is the additional punishment that can be ordered by the court for vehicular homicide?
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What is the term used to describe the killing of an unborn child by any injury to the mother?
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What is the degree of felony for vessel homicide if the person knew, or should have known, that the accident occurred and failed to give information and render aid?
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What is the degree of felony for assisting self-murder?
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What is the term used to describe the killing of an unborn child by any injury to the mother?
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What is the degree of felony for commercial exploitation of self-murder?
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What is the term used to describe the voluntary and intentional taking of one's own life?
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What is the degree of felony for killing an unborn child by any injury to the mother that would be murder in the first degree if it resulted in the mother's death?
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What is the term used to describe the artistic depiction or portrayal of self-murder that is not an actual self-murder?
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What is the degree of felony for vessel homicide?
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What is the term used to describe the act of deliberately assisting another in the commission of self-murder?
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What is the degree of felony for the crime of partial-birth abortion?
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Who may not be prosecuted under this act?
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What is not affected by this act?
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In what situation may a physician take measures to save the life of a mother?
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What happens in the event of a conflict between this act and any other provision of law?
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What is excluded from the definition of partial-birth abortion?
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What is the purpose of Section 5, Chapter 2000-142?
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What is the consequence of violating Section 782.34?
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What is the punishment for unlawfully killing an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother's death?
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Under what circumstances is the death of the mother resulting from the same act or criminal episode that caused the death of the unborn child not a bar to prosecution?
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What is the definition of 'unborn child' in the context of Section 782.09?
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What is the crime of unnecessarily killing another while resisting an attempt to commit any felony or to do any other unlawful act?
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What is the 'Partial-Birth Abortion Act'?
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What is meant by 'partially born' in the context of the 'Partial-Birth Abortion Act'?
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What is a 'living fetus' in the context of the 'Partial-Birth Abortion Act'?
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What is a 'suction or sharp curettage abortion' in the context of the 'Partial-Birth Abortion Act'?
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What is the purpose of the 'Partial-Birth Abortion Act'?
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What is the consequence of conflict between the 'Partial-Birth Abortion Act' and any other provision of law?
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Study Notes
Chapter 782 - Homicide
782.02 - Justifiable Use of Deadly Force
- Justifiable use of deadly force when a person is resisting:
- Attempt to murder
- Commit any felony upon them or their dwelling
- Examples of felonies include:
- Trafficking offense
- Arson
- Sexual battery
- Robbery
- Kidnapping
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult
782.03 - Excusable Homicide
- Homicide is excusable when:
- Committed by accident and misfortune
- In the heat of passion, upon sudden and sufficient provocation
- Without any unlawful intent
- Without any dangerous weapon being used
- Not done in a cruel or unusual manner
782.04 - Murder
- Murder in the first degree:
- Premeditated design to effect the death of the person killed or any human being
- Perpetrated by any act imminently dangerous to another and evincing a depraved mind
- Resulting from the unlawful distribution of certain substances
- Murder in the second degree:
- Unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind
- Without any premeditated design to effect death
- Murder in the third degree:
- Unlawful killing of a human being, when perpetrated without any design to effect death
- During the perpetration or attempt to perpetrate any felony
782.035 - Abrogation of Common-Law Rule of Evidence Known as "Year-and-a-Day Rule"
- The common-law rule of evidence known as the "year-and-a-day rule" is hereby abrogated and does not apply in this state
782.04 - Murder (continued)
- Additional provisions for sentencing and procedure
782.051 - Attempted Felony Murder
- Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and commits an intentional act that could, but does not, cause the death of another
- Sentencing and punishment vary depending on the circumstances
782.065 - Murder; Law Enforcement Officer, Correctional Officer, Correctional Probation Officer
- Special provisions for murder of a law enforcement officer, correctional officer, or correctional probation officer
- Sentencing and punishment vary depending on the circumstances
782.07 - Manslaughter; Aggravated Manslaughter
- Manslaughter:
- Killing of a human being by the act, procurement, or culpable negligence of another
- Without lawful justification
- Aggravated manslaughter:
- Of an elderly person or disabled adult
- Of a child
- Of an officer, firefighter, emergency medical technician, or paramedic
- Sentencing and punishment vary depending on the circumstances
782.071 - Vehicular Homicide
- 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
- Sentencing and punishment vary depending on the circumstances
782.072 - Vessel Homicide
- Vessel homicide:
- Killing of a human being by the operation of a vessel
- By another in a reckless manner
- Sentencing and punishment vary depending on the circumstances
782.08 - Assisting Self-Murder
- Deliberately assisting another in the commission of self-murder is manslaughter
782.081 - Commercial Exploitation of Self-Murder
- Commercial exploitation of self-murder:
- Conducting an event that includes an actual self-murder
- Providing a venue or assistance for an event that includes an actual self-murder
- Sentencing and punishment vary depending on the circumstances
782.09 - Killing of Unborn Child by Injury to Mother
- Unlawful killing of an unborn child by any injury to the mother
- Sentencing and punishment vary depending on the circumstances and degree of murder### Unlawful Killing of an Unborn Child
- Unlawfully killing an unborn child by injuring the mother, which would be manslaughter if it resulted in the mother's death, is considered manslaughter, a felony of the second degree.
- The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution.
Exceptions for Medical Procedures
- This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.
Unnecessary Killing to Prevent Unlawful Act
- Unnecessarily killing another while resisting an attempt to commit any felony or to do any other unlawful act, or after such attempt has failed, is deemed guilty of manslaughter, a felony of the second degree.
Partial-Birth Abortion Act
Definitions
- "Partially born" means the living fetus's intact body, with the entire head attached, presented so that:
- The fetus's entire head has been delivered past the mother's vaginal opening in a cephalic presentation, or
- Any portion of the fetus's torso above the navel has been delivered in a breech presentation.
- "Living fetus" means any unborn member of the human species who has a heartbeat or discernible spontaneous movement.
- "Suction or sharp curettage abortion" means an abortion in which the developing fetus and products of conception are evacuated from the uterus through a suction cannula with an attached vacuum apparatus or with a sharp curette.
Partial-Birth Abortion
- Intentionally killing a living fetus while it is partially born is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Exceptions
- A patient receiving a partial-birth-abortion procedure may not be prosecuted under this act.
- This act does not apply to a suction or sharp curettage abortion.
- This act does not constitute implicit approval of other types of abortion, which remain subject to all other applicable laws of this state.
- This act does not prohibit a physician from taking measures necessary to save the life of a mother whose life is endangered, provided that every reasonable precaution is also taken to save the fetus's life.
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This quiz covers the laws and regulations related to homicide in Florida, including justifiable use of deadly force and excusable homicide.