22 Questions
Which is not one of the Four types of criminal homicide?
Reckless homicide
What must a person's mental state be for them to commit criminal homicide?
All of the above
(BLANK) refers to something that would produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
Adequate cause
Which is not an example of murder?
Recklessly causes bodily injury and commits an act that may be dangerous to human life, or cause the death of an individual.
(BLANK) directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
Sudden passion
Murder is punishable by what penalty?
Felony of the first degree
At the punishment stage of a trial regarding murder, the defendant may raise what issue to reduce his penalty?
That the death was under the immediate influence of sudden passion arising from an adequate cause
What offense will be given if a person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman?
Captial murder
True or False: A person commits Manslaughter when they knowingly cause the death of an individual?
False
What is the offense committed if a person intentionally murders another while attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat
Capital murder
True or False: This chapter does not apply to the death of an unborn child if the conduct is committed by the mother of the unborn child.
True
What is the penalty for the offense of Manslaughter?
Felony of the second degree
What happens to the penalty for the offense of Manslaughter if it is shown that the death was caused by the actor intentionally damaging a critical infrastructure facility?
The penalty is enhanced to a felony of the first-degree
What is the title of chapter 19 of the penal code?
Criminal homicides
What is the penalty for the offense of criminally negligent homicide?
None of the above
What offense will be charged if an individual commits murder for remuneration or the promise of remuneration or employs another to commit murder for remuneration or the promise of remuneration?
Capital Murder
Which definition best describes the offense of criminally negligent homicide?
A person commits an offense if he causes the death of an individual by criminal negligence.
True or False: It is capital murder if the actor murders an individual 15 years of age?
False
What is the penalty for capital murder?
Capital felony
If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, what may happen?
He may be convicted of murder or of any other lesser included offense.
While incarcerated for murder or while serving a sentence of life imprisonment or a term of 99 years for an offense under aggravated kidnapping, aggravated sexual assault, or aggravated robbery, what action could result in capital murder?
The person commits a murder while escaping or attempting to escape from a penal institution
is it a defense to the charge of capital murder when the actor who murdered a peace officer or fireman did not know the individual's position?
Yes
Study Notes
Criminal Homicide
- There are four types of criminal homicide.
Provocation
- Adequate provocation is something that would produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
Murder
- Murder is punishable by death or life imprisonment.
- At the punishment stage of a trial, the defendant may raise the issue of sudden passion to reduce their penalty.
Manslaughter
- Manslaughter is not committed when someone knowingly causes the death of an individual (False).
- The penalty for Manslaughter is 2-20 years imprisonment.
- If it is shown that the death was caused by the actor intentionally damaging a critical infrastructure facility, the penalty is increased to 10-99 years imprisonment.
Capital Murder
- Capital murder is committed when a person murders another for remuneration or the promise of remuneration, or employs another to commit murder for remuneration or the promise of remuneration.
- It is not capital murder if the actor murders an individual 15 years of age (False).
- The penalty for capital murder is death or life imprisonment without parole.
Criminally Negligent Homicide
- Criminally negligent homicide is committed when a person causes the death of an individual by criminal negligence.
- The penalty for criminally negligent homicide is 180 days to 2 years imprisonment.
Other Offenses
- If an individual murders a peace officer or fireman who is acting in the lawful discharge of an official duty and knows the individual's position, the offense is capital murder.
- If the jury or judge does not find the defendant guilty of capital murder, they may find the defendant guilty of a lesser offense.
- If an individual commits murder while incarcerated for murder or serving a sentence of life imprisonment or 99 years for certain offenses, the offense is capital murder.
- It is not a defense to the charge of capital murder when the actor who murdered a peace officer or fireman did not know the individual's position.
Chapter 19 of the Penal Code
- Chapter 19 of the Penal Code is titled "Criminal Homicide".
Test your knowledge on criminal homicide.
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