5 Written Questions
5 Matching Questions
- How is Intent defined?
- What is the definition of Homicide?
- What is a voluntary act (common law)?
- What constitutes MPC Duress?
- What is meant by Adequate provocation?
- a The killing of a human being by a human being. (includes suicide)
- b It is an affirmative defense that the actor engaged in criminal conduct because he was coerced to do so by the use of or the threat to use unlawful force against his person or a person of another. A threat that person of reasonable firmness in his situation would have been unable to resist.
- c A willed muscular contraction.
- d If a human purposefully killed or knew to a substantially certainty that his action would kill a human being, then there is malice aforethought.
- e Provocation that might render an ordinary person of average temperament liable to act irrationally. And thus without due deliberation.
5 Multiple Choice Questions
- A person acts recklessly if a person consciously takes a substantial and unjustifiable risk of causing the particular harm that occurred.
- Pre-meditate (grey area great for the exam): to think about beforehand (some courts feel that a split second is enough for first degree murder - therefore they don't have manslaughter. Other courts feel that it must be longer than a split second, at least long enough to deliberate)
- An unintended homicide that occurs during the commission of an unlawful act, not amounting to a felony, constitutes common law involuntary manslaughter. (If it was intended there would be malice aforethought.)
- Four states of mind that we call human endangering states of mind. If any one is shown to exist, then there is malice. (intent, grievous bodily injury, depraved heart, felony murder rule)
- If it was the actor's conscious objective to cause that result
5 True/False Questions
What constitutes MPC Negligent Homicide? → All other kinds of murder are second degree murder. Know all of the common law murders, take out the first degree murders and what you have left is second degree murder.
How is human being defined in the common law? → A person who has been born and is alive. A person was considered dead when there was a permanent cessation of breathing and heart beat. Today, almost every state has enlarged the definition for death to deal with life support machinery. Now they use brain death: a brain in its entirety has ceased to perform.
What are the elements of Heat of Passion? → D showed that he killed because of adequate provocation
Occurred during the heat of passion
Occurred before the actor had a reasonable opportunity to cool off.
What is the Felony Murder Rule? → There isn't a felony murder rule. But if there was a killing during a commission of a MPC felony, and the action was reckless - could get them for murder that way.
What constitutes Second Degree Murder? → A person is guilty of murder under the MPC if the person kills another individual purposefully or knowingly or recklessly in a manner manifesting extreme indifference to the value of human life.