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part 2. criminal law

QuestionAnswer
Voluntary manslaughter involves intentionally killing another in the sudden heat of passion which was caused by a legally recognized adequate provocation.
Unintentional deaths that occur during the commission of some felonies are called felony murder.
Throughout most of its history, homicide law has followed what rule? the born alive rule
The true test of premeditation is the extent of reflection.
The mens rea of involuntary manslaughter is usually reckless or negligent.
The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the 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 central elements in involuntary manslaughter are actus reus and mens rea
Murder that is extremely reckless but unintentional is known as excusable homicide.
Most of the law criminal homicide is about grading the seriousness of the offense.
Knowingly creating a substantial and unjustifiable risk is the definition of recklessness.
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.
If an armed offender accidentally killed the store clerk during an armed robbery, this would be felony murder
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.
As the common law developed, murder was distinguished from manslaughter in that murder required malice aforethought.
An intentional, sudden killing triggered by an adequate provocation is said to be the heart of voluntary manslaughter.
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
Which of the following is true about provocation? is not an excuse for criminal homicide
Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty? torture of victim
Which of the following refers to an offense that is inherently evil? mala in se
Which of the following 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
Created by: gravesd22
 

 



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