68 Questions
In what situation is the use of deadly force justifiable?
When a person is resisting any attempt to murder or commit a felony.
What is excusable homicide?
When committed with usual ordinary caution and without any unlawful intent.
What rule of evidence has been abrogated in Florida State Law?
The year-and-a-day rule.
What is murder according to Florida State Law?
The unlawful killing of a human being.
What is one of the crimes that can lead to murder charges?
Trafficking offense prohibited by s. 893.135(1).
In what situation is the use of deadly force not justifiable?
When a person is resisting any attempt to commit a misdemeanor.
What is not a characteristic of excusable homicide?
When committed with an unlawful intent.
What is the purpose of abrogating the year-and-a-day rule of evidence?
To allow for investigation of deaths that occur more than a year after the infliction of an injury.
What is the term for an activity that involves a violent act or an act dangerous to human life?
Terrorism
What degree of felony is murder in the third degree?
Second degree
What is the punishment for murder in the third degree?
Imprisonment for a term of years not exceeding life
What is the term for the unlawful killing of a human being?
Homicide
What is the term for an intentional act that is not an essential element of a felony and that could, but does not, cause the death of another?
Attempted felony murder
What is the punishment for attempted felony murder?
Imprisonment for a term of years not exceeding life
What is the ranking of attempted felony murder in the Criminal Punishment Code?
Level 9
What is the term for the act of influencing the policy of a government by intimidation or coercion?
Terrorism
What is the term for an act of destruction of property, assassination, murder, kidnapping, or aircraft piracy?
Terrorism
What is the punishment for murder in the third degree if the felony is an act of terrorism or is in furtherance of an act of terrorism?
Imprisonment for a term of years not exceeding life
What is the penalty for murder in the first degree?
Imprisonment for a term of years not exceeding life or as provided in s. 775.082
What is considered an act of terrorism?
Felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35
What is murder in the second degree?
Unlawful killing of a human being without any design to effect the death of any particular individual
What is considered aggravated stalking?
Threatening someone's life or well-being
What is considered human trafficking?
Forced labor or forced prostitution
What is required of the prosecutor when seeking the death penalty?
Notice to the defendant and filing the notice with the court within 45 days after arraignment
What is considered a controlled substance analog?
A substance described in s. 893.0356
What is considered an aggravating factor in murder cases?
Felony that is an act of terrorism or is in furtherance of an act of terrorism
What is the penalty for murder in the second degree?
Imprisonment for a term of years not exceeding life or as provided in s. 775.082
What is considered carjacking?
Taking a vehicle without the owner's consent
What degree of felony is punishable according to sections 775.082, 775.083, or 775.084?
Second degree
What is the punishment for murder in the first degree in violation of s. 782.04(1) when a death sentence is not imposed?
Life imprisonment without eligibility for release
What is aggravated manslaughter of an elderly person or disabled adult punishable as?
Felony of the first degree
What is the definition of manslaughter according to this chapter?
The killing of a human being without lawful justification
What is aggravated manslaughter of a child punishable as?
Felony of the first degree
Who is punishable for aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic?
The person who causes the death through culpable negligence
What is the requirement for a defendant to be sentenced to life imprisonment without eligibility for release?
Beyond a reasonable doubt
What is the definition of aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic?
The killing of an officer through culpable negligence
What is the punishment for murder in the second or third degree in violation of s. 782.04(2), (3), or (4)?
Felony of the second degree
What is required for a defendant to be sentenced to life imprisonment without eligibility for release?
Findings by the trier of fact beyond a reasonable doubt
What is the term for the killing of a human being, or the killing of an unborn child, by the operation of a motor vehicle?
Vehicular homicide
What is the punishment for vehicular homicide if the person failed to give information and render aid?
Felony of the first degree
What is the term for the killing of a human being by the operation of a vessel?
Vessel homicide
What is the punishment for assisting self-murder?
Felony of the second degree
What is the term for the voluntary and intentional taking of one's own life?
Self-murder
What is the term for the artistic depiction or portrayal of self-murder?
Simulated self-murder
What is the purpose of the punishment for vehicular homicide?
To discourage reckless driving
What is the punishment for vessel homicide if the person failed to give information and render aid?
Felony of the first degree
What is the term for deliberately assisting another in the commission of self-murder?
Assisting self-murder
What is the penalty for a person who violates the provision of providing a venue for an event that includes an actual self-murder?
Felony of the third degree
What is the term for conducting an event that includes an actual self-murder as a part of the event?
Commercial exploitation of self-murder
What is the term for the unlawful killing of an unborn child by any injury to the mother?
Feticide
What is the penalty for unlawfully killing an unborn child by any injury to the mother, which would be murder in the first degree if it resulted in the mother's death?
Capital felony
What is the term for the act of killing another person while resisting an attempt by that person to commit a felony?
Unnecessary killing
What is the penalty for unnecessarily killing another person while resisting an attempt by that person to commit a felony?
Felony of the second degree
What is the title of the sections of the statute that provide for the unlawful killing of an unborn child by any injury to the mother?
No specific title
What is the term for the act of killing an unborn child by any injury to the mother, which would be manslaughter if it resulted in the mother's death?
Manslaughter
What is the penalty for killing an unborn child by any injury to the mother, which would be manslaughter if it resulted in the mother's death?
Felony of the second degree
What is the title of the sections of the statute that provide for the partial-birth abortion act?
The Partial-Birth Abortion Act
What is the purpose of the provision that prohibits the prosecution of any person in connection with a termination of pregnancy?
To clarify the scope of the statute
What is the term for a living fetus whose intact body, with the entire head attached, is presented so that the fetus's entire head or any portion of the torso above the navel has been delivered outside the mother's vaginal opening or abdominal wall?
Partially born
What is the degree of felony for committing the crime of partial-birth abortion?
Felony of the second degree
What is the exception to the crime of partial-birth abortion, where a physician is allowed to take measures to save the life of a mother?
All of the above
What is not a characteristic of the term 'partially born'?
The fetus is completely separated from the mother
What is the term for an abortion where the developing fetus and the products of conception are evacuated from the uterus through a suction cannula with an attached vacuum apparatus or with a sharp curette?
Suction or sharp curettage abortion
Who cannot be prosecuted under this act for receiving a partial-birth-abortion procedure?
The patient receiving the procedure
What does this act not constitute implicit approval of?
Other types of abortion
What is the requirement for a physician to take measures to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury?
Every reasonable precaution must be taken to save the fetus's life
What is the term for any unborn member of the human species who has a heartbeat or discernible spontaneous movement?
Living fetus
In what situation does this act take precedence over any other provision of law?
In the event of conflict between this act and any other provision of law
Study Notes
Justifiable Use of Deadly Force
- The use of deadly force is justifiable when a person is resisting any attempt to murder or commit a felony against them or in their dwelling.
- The use of deadly force is also justifiable when a person is resisting any attempt to commit a felony against another person in their dwelling.
Excusable Homicide
- Homicide is excusable when committed by accident and misfortune in doing a lawful act with usual ordinary caution.
- Homicide is also excusable when committed in the heat of passion, upon sudden and sufficient provocation, or upon sudden combat without a dangerous weapon.
Abrogation of Common-Law Rule of Evidence
- The "year-and-a-day rule" of evidence is abrogated and does not apply in Florida.
Murder
- Murder in the first degree:
- Unlawful killing of a human being with a premeditated design to effect the death of the person killed or any human being.
- Committed during the perpetration of, or attempt to perpetrate, certain felonies (e.g. trafficking, arson, sexual battery, robbery, burglary, etc.).
- Punishable by death or life imprisonment.
- Murder in the second degree:
- Unlawful killing of a human being perpetrated by any act imminently dangerous to another and evincing a depraved mind.
- Committed during the perpetuation of, or attempt to perpetuate, certain felonies (e.g. trafficking, arson, sexual battery, robbery, burglary, etc.).
- Punishable by imprisonment for a term of years not exceeding life.
- Murder in the third degree:
- Unlawful killing of a human being perpetrated without any design to effect death.
- Committed during the perpetuation of, or attempt to perpetuate, any felony other than those listed for murder in the first or second degree.
- Punishable by imprisonment for a term of years not exceeding life.
Attempted Felony Murder
- Any person who perpetrates or attempts to perpetuate any felony and commits an intentional act that could, but does not, cause the death of another.
- Punishable by imprisonment for a term of years not exceeding life.
Murder of Law Enforcement Officer, Correctional Officer, or Other Specified Person
- A defendant who commits murder of a law enforcement officer, correctional officer, or other specified person shall be sentenced to life imprisonment without eligibility for release.
Manslaughter and Aggravated Manslaughter
- Manslaughter:
- Killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification.
- Punishable by imprisonment for a term of years not exceeding 15 years.
- Aggravated Manslaughter:
- Causing the death of an elderly person, disabled adult, child, or specified official (e.g. law enforcement officer, firefighter, etc.) by culpable negligence.
- Punishable by imprisonment for a term of years not exceeding life.
Vehicular Homicide and Vessel Homicide
- Vehicular Homicide:
- Killing of a human being or an unborn child by the operation of a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another.
- Punishable by imprisonment for a term of years not exceeding 15 years.
- Vessel Homicide:
- Killing of a human being by the operation of a vessel in a reckless manner likely to cause the death of, or great bodily harm to, another.
- Punishable by imprisonment for a term of years not exceeding 15 years.
Assisting Self-Murder and Commercial Exploitation of Self-Murder
- Assisting Self-Murder:
- Deliberately assisting another in the commission of self-murder.
- Punishable by imprisonment for a term of years not exceeding 15 years.
- Commercial Exploitation of Self-Murder:
- Conducting an event or providing a venue for an event that includes an actual self-murder, for commercial or entertainment purposes.
- Punishable by imprisonment for a term of years not exceeding 5 years.
Killing of Unborn Child by Injury to Mother
- Unlawful killing of an unborn child by any injury to the mother of such child.
- Punishable by the same degree of murder or manslaughter as if the mother had died.### Fetal Homicide
- 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.
- The term "unborn child" has the same meaning as provided in s. 775.021(5).
Unnecessary Killing to Prevent Unlawful Act
- Whoever unnecessarily kills another while resisting an attempt to commit a felony or to do any other unlawful act, or after such attempt has failed, is deemed guilty of manslaughter.
- Manslaughter is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Partial-Birth Abortion Act
- The term "partially born" means the living fetus's intact body, with the entire head attached, is presented so that the fetus's entire head or torso above the navel has been delivered past the mother's vaginal opening or outside the mother's abdominal wall.
- The term "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 the 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
- 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.
- Partial-birth abortion is 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.
- A physician may take measures to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, provided that every reasonable precaution is also taken to save the fetus's life.
This quiz covers the Florida law regarding the justifiable use of deadly force in self-defense situations. It includes provisions for resisting murder and felony attempts.
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