FYLSX - Baby Bar Criminal Law: Homicide Questions and Answers

Question 1

Which of the following is an essential element the prosecution must prove to secure a conviction for first-degree murder, but not for second-degree murder?

Accepted Answer

Premeditation and deliberation

Answer

Malice aforethought

Answer

An unlawful killing of a human being

Answer

Proximate causation

Question 2

Defendant, enraged after discovering his partner in bed with another person, grabs a heavy lamp and immediately strikes the partner on the head, causing death. Under the common law, what is the most likely crime the defendant has committed?

Accepted Answer

Voluntary manslaughter

Answer

First-degree murder

Answer

Involuntary manslaughter

Answer

Second-degree murder

Question 3

Driver is participating in an illegal street race. While traveling at a high speed, Driver loses control of the vehicle and strikes and kills a pedestrian. Driver did not intend to kill anyone. Which of the following classifications of homicide is most appropriate?

Accepted Answer

Involuntary manslaughter

Answer

First-degree murder

Answer

Voluntary manslaughter

Answer

No criminal liability because there was no intent to kill

Question 4

Under the felony murder rule, a defendant can be found guilty of murder if a death occurs during the commission of certain felonies. Which of the following is NOT typically considered an inherently dangerous felony that would trigger the felony murder rule?

Accepted Answer

Grand theft auto

Answer

Arson

Answer

Robbery

Answer

Burglary

Question 5

A defendant, intending to frighten a victim, points what he believes to be an unloaded gun at the victim and pulls the trigger. The gun, which the defendant had not checked, was actually loaded, and it discharges, killing the victim. The defendant's conduct would most likely be classified as:

Accepted Answer

Criminally negligent homicide (a form of involuntary manslaughter)

Answer

Depraved-heart murder

Answer

Voluntary manslaughter

Answer

An excusable accident with no criminal liability

Question 6

The 'year and a day' rule at common law established that for a defendant to be convicted of homicide:

Accepted Answer

The victim must die within a year and a day of the defendant's act.

Answer

The prosecution must begin within a year and a day of the crime.

Answer

The defendant must be at least a year and a day over the age of majority.

Answer

The trial must be completed within a year and a day of the arrest.