Source
Loading...
The field below filters the flashcards in this list as you type. The number of matching flashcards is announced as you type.
All flashcards
60 cards
1What are the elements of murder under the common law?
What are the elements of murder under the common law?2Under the common law, is an unlawful killing committed with malice aforethought if it is committed with intent to cause serious bodily injury?
Under the common law, is an unlawful killing committed with malice aforethought if it is committed with intent to cause serious bodily injury?3Under the common law, what is the meaning of malice aforethought?
Under the common law, what is the meaning of malice aforethought?4Under the common law, what is actus reus?
Under the common law, what is actus reus?5Under the common law, what is the year-and-a-day rule?
Under the common law, what is the year-and-a-day rule?6At common law, under what circumstances does causing another's death constitute intentional murder?
At common law, under what circumstances does causing another's death constitute intentional murder?7What is the difference between intent to kill and premeditation?
What is the difference between intent to kill and premeditation?8With respect to intentional homicide, does the law specify any particular length of time of reflection that must occur for premeditation to exist?
With respect to intentional homicide, does the law specify any particular length of time of reflection that must occur for premeditation to exist?9The defendant was a sports fan. After the defendant's team lost a game, the defendant encountered a fan of the opposing team celebrating inside the...
The defendant was a sports fan. After the defendant's team lost a game, the defendant encountered a fan of the opposing team celebrating inside the stadium near the top of a one-story concrete staircase. The defendant approached the opposing team's fan and pushed the fan from behind so that the fan would fall down the stairs. The impact from falling down a flight of stairs caused a fatal skull fracture. Upon realizing that the fan was dead, the defendant immediately shouted that he never meant for the fan to die. Assuming the jury believes that the defendant did not intend for the victim to die, did the defendant satisfy the mens rea for common-law murder?10A business owner wanted a local competitor dead. The business owner approached the defendant, who was in deep financial debt, and promised to pay t...
A business owner wanted a local competitor dead. The business owner approached the defendant, who was in deep financial debt, and promised to pay the defendant $100,000 to kill the competitor. The defendant struggled for several days to decide whether to accept the business owner's proposition. Ultimately, the defendant agreed. After accepting the money, the defendant ran over the competitor with a car, causing the competitor's immediate death.Did the defendant exhibit premeditation?11The leader of a criminal gang was having dinner with an associate at a restaurant. During the meal, the leader of a rival gang walked in and sat do...
The leader of a criminal gang was having dinner with an associate at a restaurant. During the meal, the leader of a rival gang walked in and sat down at a nearby table. The first gang leader turned to the associate and said, "I want you to kill that guy right now." The associate responded by pulling out a gun and killing the rival. May the associate lawfully be convicted of first-degree murder?12What is depraved-heart murder?
What is depraved-heart murder?13What is first-degree statutory murder?
What is first-degree statutory murder?14What is second-degree statutory murder?
What is second-degree statutory murder?15With respect to intentional homicides, what differentiates first-degree murder from second-degree murder?
With respect to intentional homicides, what differentiates first-degree murder from second-degree murder?16Under the common law, what is the felony-murder rule?
Under the common law, what is the felony-murder rule?17For purposes of felony murder, what is an inherently dangerous felony?
For purposes of felony murder, what is an inherently dangerous felony?18Does the felony-murder rule only apply if the victim’s death occurred during the commission of the underlying felony?
Does the felony-murder rule only apply if the victim’s death occurred during the commission of the underlying felony?19In felony murder, do most jurisdictions require that the victim’s death be a foreseeable consequence of the underlying felony?
In felony murder, do most jurisdictions require that the victim’s death be a foreseeable consequence of the underlying felony?20Can a defendant and a co-felon both be charged with felony murder, even if only one of them committed the killing?
Can a defendant and a co-felon both be charged with felony murder, even if only one of them committed the killing?21Regarding the felony-murder rule, what is the agency theory?
Regarding the felony-murder rule, what is the agency theory?22In the majority of jurisdictions, does the felony-murder rule apply to impose liability on a felon if death results from the actions of someone oth...
In the majority of jurisdictions, does the felony-murder rule apply to impose liability on a felon if death results from the actions of someone other than the felon or the felon’s accomplice?23For a felony to trigger the felony-murder rule, what connection must it have to the victim’s death?
For a felony to trigger the felony-murder rule, what connection must it have to the victim’s death?24In the context of the felony-murder rule, what is the merger doctrine?
In the context of the felony-murder rule, what is the merger doctrine?25A robber walked into a store, pointed a gun at the store owner, and said, "Give me all your money." The store owner emptied the register, and the r...
A robber walked into a store, pointed a gun at the store owner, and said, "Give me all your money." The store owner emptied the register, and the robber fled the scene. When police responded a few moments later, the store owner was sweating and short of breath. The owner then collapsed and died. An autopsy report indicated that the store owner had suffered a heart attack from the stress of the armed robbery, a foreseeable outcome. The robber was apprehended the next day. Upon being informed of the store owner's death, the robber appeared shocked, began to cry, and said, "I never meant to hurt anyone. The gun wasn't even real." The police later found the gun and confirmed that it was, indeed, a plastic toy, though it closely resembled a real gun. Under the common law, may the robber lawfully be convicted for felony murder regarding the store owner’s death?26The defendant and the defendant's spouse were dining at a bar when a belligerent drunkard approached them, began shouting deeply offensive and insu...
The defendant and the defendant's spouse were dining at a bar when a belligerent drunkard approached them, began shouting deeply offensive and insulting profanities, and poured a full glass of beer on the spouse's head. As the drunkard turned to leave, the defendant jumped up and punched the drunkard once in the back of the head. The blow ruptured an aneurysm in the drunkard's brain, which caused fatal internal bleeding. Assuming the defendant can lawfully be convicted of felony assault under the law of the jurisdiction, can the defendant also lawfully be convicted of murder under a felony-murder theory, as applied in the majority of states?27A hedge-fund manager illegally manipulated the assets of a public-employee pension. As a result, the pension lost nearly all its value. The followi...
A hedge-fund manager illegally manipulated the assets of a public-employee pension. As a result, the pension lost nearly all its value. The following morning, a sanitation worker who was a few months away from retirement heard about the pension fund's collapse. The sanitation worker had invested his life savings in the pension fund. News of the fund's collapse caused the sanitation worker to suffer a fatal heart attack. The hedge-fund manager’s financial misconduct constituted a felony under the law of the jurisdiction. Under the felony-murder rule, as applied in the majority of states, can the hedge-fund manager lawfully be convicted of murder for having caused the sanitation worker’s death?28A robber entered a store, pointed a gun at the store owner, and said, "Give me all your money." As the store owner walked toward the register, a ne...
A robber entered a store, pointed a gun at the store owner, and said, "Give me all your money." As the store owner walked toward the register, a nearby construction crane unforeseeably dropped steel through the store's roof. The steel landed on the store owner, crushing him to death. The steel, however, narrowly missed the spot where the robber was standing, and where the store owner had been standing previously. The robber thus survived the accident unharmed, as would have the store owner, but for the robber's command to move toward the register. During an ensuing police interrogation, the robber appeared shocked, began to cry, and said truthfully, "I never meant to hurt anyone. The gun wasn't even real." The police later confirmed that the gun was, indeed, a plastic toy. Did the robber act with malice aforethought?29A robber entered a store, pointed a gun at the store owner, and said, "Give me all your money." The store owner responded by pulling a shotgun out ...
A robber entered a store, pointed a gun at the store owner, and said, "Give me all your money." The store owner responded by pulling a shotgun out from behind the store's counter and firing it at the robber. But the store owner missed the robber and accidentally hit a nearby customer instead. The customer died.Assuming the jurisdiction applies the agency theory of felony murder, may the robber lawfully be convicted for the customer’s murder under the felony-murder rule?30Under the common law, what is manslaughter?
Under the common law, what is manslaughter?31What is voluntary manslaughter?
What is voluntary manslaughter?32Under the common law, what is the difference between intentional murder and voluntary manslaughter?
Under the common law, what is the difference between intentional murder and voluntary manslaughter?33Under the common law, how is adequate provocation defined for purposes of voluntary manslaughter?
Under the common law, how is adequate provocation defined for purposes of voluntary manslaughter?34Is a person who intentionally kills another human being in response to legally adequate provocation guilty of a crime?
Is a person who intentionally kills another human being in response to legally adequate provocation guilty of a crime?35Under what circumstances is provocation deemed legally adequate to mitigate a killing that would otherwise constitute murder to voluntary manslaugh...
Under what circumstances is provocation deemed legally adequate to mitigate a killing that would otherwise constitute murder to voluntary manslaughter?36At common law, what actions taken by the deceased are traditionally deemed adequate provocation, sufficient to mitigate murder to voluntary manslau...
At common law, what actions taken by the deceased are traditionally deemed adequate provocation, sufficient to mitigate murder to voluntary manslaughter?37Are words sufficient to satisfy the adequate provocation requirement of voluntary manslaughter?
Are words sufficient to satisfy the adequate provocation requirement of voluntary manslaughter?38Under the common law of voluntary manslaughter, what is a cooling-off period?
Under the common law of voluntary manslaughter, what is a cooling-off period?39Under the common law, if a cooling-off period has elapsed between an otherwise-adequate provocation and an intentional killing, will the killing be...
Under the common law, if a cooling-off period has elapsed between an otherwise-adequate provocation and an intentional killing, will the killing be mitigated from murder to manslaughter?40Under the common law, can voluntary manslaughter apply to killings that result from self-defense?
Under the common law, can voluntary manslaughter apply to killings that result from self-defense?41The defendant was a high-school student. One day, after school, a classmate assaulted the defendant, fracturing the defendant's skull and leaving t...
The defendant was a high-school student. One day, after school, a classmate assaulted the defendant, fracturing the defendant's skull and leaving the defendant unconscious. The defendant was taken to the hospital and remained there for two weeks while recuperating from the assault. Upon returning to school, the defendant approached the classmate in the cafeteria and beat the classmate to death.Assuming that the defendant’s conduct would otherwise constitute murder, could the defendant successfully argue under the common law that this offense should be mitigated to voluntary manslaughter?42The defendant worked in an office with a rude and obnoxious boss. One day, the boss approached the defendant in front of a large group of coworkers...
The defendant worked in an office with a rude and obnoxious boss. One day, the boss approached the defendant in front of a large group of coworkers and insulted the defendant, using highly profane and offensive language. When the boss finally stopped, the defendant, embarrassed and angry, proceeded to stab the boss with a pair of scissors. The boss died from the wounds. Assuming that the defendant’s conduct would ordinarily constitute murder, was the boss’s behavior adequate provocation under the common law, sufficient to mitigate murder to the lesser offense of voluntary manslaughter?43When the defendant was a teenager, the defendant's mother was brutally attacked by an unknown assailant. Many years later, the defendant received a...
When the defendant was a teenager, the defendant's mother was brutally attacked by an unknown assailant. Many years later, the defendant received a signed letter from a neighbor. It read, "Now that the statute of limitations has expired and I can no longer be prosecuted, I just wanted to come clean and tell you that I am the person who attacked your mother all those years ago. I'm very sorry." Upon reading the letter, the defendant immediately felt overcome with grief and anger. The defendant grabbed a knife from the kitchen, went to the neighbor's house, and stabbed the neighbor to death. Assuming that the defendant’s conduct would ordinarily constitute murder, was the neighbor’s letter adequate provocation that could mitigate murder to the lesser offense of voluntary manslaughter under the common law?44Under the common law, what is criminal negligence manslaughter?
Under the common law, what is criminal negligence manslaughter?45Under the common law, in most states, what is the required mens rea, or level of culpability, for involuntary manslaughter?
Under the common law, in most states, what is the required mens rea, or level of culpability, for involuntary manslaughter?46Under the common law, what is unlawful-act manslaughter?
Under the common law, what is unlawful-act manslaughter?47At common law, what are the two ways to commit unintentional murder?
At common law, what are the two ways to commit unintentional murder?48Under the Model Penal Code (MPC), what are the four mental states applicable to homicide?
Under the Model Penal Code (MPC), what are the four mental states applicable to homicide?49Under the Model Penal Code (MPC), how is murder defined?
Under the Model Penal Code (MPC), how is murder defined?50Does the Model Penal Code (MPC) adopt the common-law rule for felony murder?
Does the Model Penal Code (MPC) adopt the common-law rule for felony murder?51Under the Model Penal Code (MPC), when is an unlawful killing committed without purpose or knowledge a murder?
Under the Model Penal Code (MPC), when is an unlawful killing committed without purpose or knowledge a murder?52Under the Model Penal Code (MPC), what is manslaughter?
Under the Model Penal Code (MPC), what is manslaughter?53Under the Model Penal Code (MPC), what is negligent homicide?
Under the Model Penal Code (MPC), what is negligent homicide?54Under the Model Penal Code (MPC), when is an intentional killing that would otherwise constitute murder mitigated to manslaughter?
Under the Model Penal Code (MPC), when is an intentional killing that would otherwise constitute murder mitigated to manslaughter?55Under the Model Penal Code (MPC), a killing is presumed to be committed with recklessness and extreme indifference to the value of human life if co...
Under the Model Penal Code (MPC), a killing is presumed to be committed with recklessness and extreme indifference to the value of human life if committed during the course of which felonies?56What is the least culpable form of criminal homicide under the Model Penal Code (MPC)?
What is the least culpable form of criminal homicide under the Model Penal Code (MPC)?57What is the difference between unintentional murder and manslaughter under the Model Penal Code (MPC)?
What is the difference between unintentional murder and manslaughter under the Model Penal Code (MPC)?58In order of most to least severe, what three forms of unintentional homicide does the Model Penal Code (MPC) recognize?
In order of most to least severe, what three forms of unintentional homicide does the Model Penal Code (MPC) recognize?59Three friends played a dangerous game. One friend produced a six-chamber revolver, loaded it with a single bullet, spun the chamber, gave the gun t...
Three friends played a dangerous game. One friend produced a six-chamber revolver, loaded it with a single bullet, spun the chamber, gave the gun to a second friend, and dared the second friend to pull the trigger while aiming the gun at a third friend. The second friend (the shooter) pulled the trigger. The gun discharged, striking the third friend. The shooter immediately shouted, "No, no! I didn't mean to! Please don't die!" The shooter did not, in fact, intend for the gun to fire at all. The shot, however, was fatal.Under either the common law or the Model Penal Code (MPC), did the shooter satisfy the culpability for unintentional murder?60A novice skier skied down an advanced ski course. The skier did not realize that his going down the advanced course might be mortally dangerous to ...
A novice skier skied down an advanced ski course. The skier did not realize that his going down the advanced course might be mortally dangerous to anyone else, in light of his inexperience, even though a reasonable person in the skier’s position would have realized this. While proceeding down the slope, the skier lost control and collided with an older skier, causing the older skier’s death. The skier was clearly distraught, repeatedly telling the paramedics, "I just can't believe this happened." Under the Model Penal Code (MPC), for which type of criminal homicide did the defendant exhibit the requisite culpability?