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Criminal Law
Chapters 9 & 10 Study Guide
| Question | Answer |
|---|---|
| An intentional, sudden killing triggered by an adequate provocation is said to be | the heart of voluntary manslaughter. |
| As the common law developed, murder was distinguished from manslaughter in that murder required | malice aforethought. |
| Bifurcation requires | that in a death penalty case there are two phases: the trial on guilt or innocence and a separate hearing, after a guilty verdict, to consider the evidence for and against capital punishment. |
| In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered | a mitigating factor. |
| Most of the law criminal homicide is about | grading the seriousness of the offense. |
| The central elements in involuntary manslaughter are | actus reus and mens rea. |
| The Constitution requires that in capital punishment cases | when deciding whether a death sentence should be imposed, judges and juries must be guided by specific criteria established by statute. |
| The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the | mens rea. |
| The mens rea of involuntary manslaughter is usually | reckless or negligent. |
| Throughout most of its history, homicide law has followed what rule? | the born alive rule |
| Unintentional deaths that occur during the commission of some felonies are called | felony murder. |
| What is the name of assisted suicide? | euthanasia |
| What reduces the seriousness of the crime and the punishment to allow for human frailty? | provocation |
| What state was the first to separate murder into two degrees? | Pennsylvania |
| What is typically an aggravating circumstance that will justify infliction of the death penalty? | torture of victim |
| What refers to an offense that is inherently evil? | mala in se |
| What would not be included in criminal negligence homicide statutes? | unintentional deaths caused by accidental discharge of a firearm during a robbery |
| Why was the crime of murder divided into first and second degree? | to separate murders that deserve the death penalty from those that do not |
| With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test? | objective test of cooling-off time |
| A battery is an unjustified | unwanted and unjustified offensive touching |
| An assault is basically either a threatened or attempted | battery. |
| Asportation means | carrying away. |
| Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade? | since the early 1970s |
| Domestic violence crimes since the early 1970s have been transformed from a private concern to a | criminal justice problem. |
| Force beyond that required to complete sexual penetration or contact is | not always required to satisfy the force requirement in rape. |
| In states that recognize the defense of “reasonable mistake of age” in statutory rape prosecutions, what is the mens rea with regard to the circumstance of age? | Negligence |
| In the 1970s and 80s many states abolished what rule that required prosecution to back up rape victims’ testimony with that of other witnesses? | the corroboration rule |
| Kidnapping and false imprisonment both violate what right? | the right of locomotion |
| Many recent rape statutes have modified the common law by | eliminating the marital rape exception |
| Modern interpretations of the asportation actus reus in the crime of kidnapping | have made the requirement virtually meaningless |
| One of the most critical problems in sex offenses is to distinguish flirting and seduction from? | sexual assault |
| Rape shield statutes | limit evidence of the victim’s reputation or past sexual conduct. |
| Sexual assault statutes have shifted the emphasis | away from whether there was consent by the victim to the unwanted advances by the perpetrator |
| Where and when was the crime of stalking first enacted? | California in 1990. |
| To satisfy the threat-of-force requirement in a sexual assault trial, the prosecution must show that the victim honestly feared imminent and serious harm and | the victim’s fear was reasonable under the circumstances |
| What crime is it when a person uses the internet, email, or other electronic communication devices to stalk another person? | cyber-stalking |
| What kind of crime is false imprisonment? | specific intent |
| Which crime of rape involves an adult having sex with a child, even if the child consented? | statutory |
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APRodgers21