FYLSX Criminal Law: Homicide 2 — Questions and Answers
Question 1: Under the common law, 'year and a day' rule, a defendant cannot be convicted of homicide if the victim dies more than a year and a day after the infliction of injury. What is the primary modern trend regarding this rule?
- Most states have abolished it due to advances in medical science (Correct answer)
- Most states have extended it to two years and a day
- The rule has been codified into the Model Penal Code
- Federal courts have made the rule mandatory
Correct answer: Most states have abolished it due to advances in medical science
Most states have abolished the year-and-a-day rule because modern medicine can now establish causation over longer time periods.
Question 2: Dan discovers his wife in bed with Victor and immediately shoots Victor dead in a heat of passion. Under common law, Dan would most likely be guilty of:
- First-degree murder
- Second-degree murder
- Voluntary manslaughter (Correct answer)
- Involuntary manslaughter
Correct answer: Voluntary manslaughter
Voluntary manslaughter occurs when a killing is committed in the heat of passion upon adequate provocation, such as discovering a spouse in adultery.
Question 3: What distinguishes 'depraved heart' murder from reckless involuntary manslaughter?
- Depraved heart requires intent to kill; manslaughter does not
- Depraved heart involves a higher degree of recklessness showing extreme indifference to human life (Correct answer)
- Depraved heart requires a felony predicate; manslaughter does not
- Depraved heart applies only to vehicular homicides
Correct answer: Depraved heart involves a higher degree of recklessness showing extreme indifference to human life
Depraved heart murder requires a higher, more egregious level of recklessness that manifests extreme indifference to the value of human life, beyond ordinary recklessness.
Question 4: A woman shoots at a crowd intending to kill one person but accidentally kills a bystander instead. Under the doctrine of transferred intent, she is guilty of:
- No homicide because she did not intend to kill the bystander
- Attempted murder only of the intended target
- Murder of the bystander (Correct answer)
- Only involuntary manslaughter
Correct answer: Murder of the bystander
Under transferred intent, the defendant's intent to kill the intended victim transfers to the actual victim, making her guilty of murder.
Question 5: Under the felony murder rule, which of the following felonies would most likely qualify as an inherently dangerous predicate felony?
- Larceny
- False imprisonment
- Armed robbery (Correct answer)
- Receiving stolen property
Correct answer: Armed robbery
Armed robbery is an inherently dangerous felony because it carries a high likelihood of violence or death, making it a classic felony murder predicate.
Question 6: The 'merger doctrine' in felony murder law provides that:
- All felonies merge into homicide when death results
- A felony that is an integral part of the homicide cannot serve as the predicate for felony murder (Correct answer)
- The sentences for felony and murder must be served concurrently
- Felony murder merges into first-degree murder in all states
Correct answer: A felony that is an integral part of the homicide cannot serve as the predicate for felony murder
Under the merger doctrine, a felony that is inherent in or 'merges with' the homicide itself—like assault—cannot be used as the predicate felony for felony murder.
Question 7: Al and Bob agree to rob a bank. During the robbery, a police officer shoots and kills Carl, an innocent bystander. Under the agency theory of felony murder, are Al and Bob liable for Carl's death?
- Yes, because any death during a felony makes all co-felons liable
- No, because the killing was committed by a third party, not an agent of the felons (Correct answer)
- Yes, because they set the chain of events in motion
- No, because Carl was not the target of the robbery
Correct answer: No, because the killing was committed by a third party, not an agent of the felons
Under the agency theory, co-felons are only liable for deaths caused by the acts of their co-conspirators, not by third parties such as police officers or victims.
FYLSX Criminal Law: Homicide 2
Under the common law, 'year and a day' rule, a defendant cannot be convicted of homicide if the victim dies more than a year and a day after the infliction of injury.
What is the primary modern trend regarding this rule?