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Criminal Law: Homicide Flashcards

7 cards from real FYLSX practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. Premeditation for first-degree murder requires:

    Answer: Thinking about the killing before committing it, even if briefly

    Premeditation requires only that the defendant consciously decided to kill before acting; it can occur in an instant and does not require extended deliberation.

  2. Which element is NOT part of the common law definition of murder?

    Answer: Committed with a deadly weapon

    Common law murder requires unlawful killing of a human being with malice aforethought; use of a deadly weapon is not a required element, though it may be evidence of intent.

  3. Under the Model Penal Code, criminal homicide committed 'recklessly under circumstances manifesting extreme indifference to the value of human life' constitutes:

    Answer: Murder

    The MPC classifies reckless killings under extreme indifference as murder, equivalent to common law depraved heart murder.

  4. A defendant is charged with murder but claims he acted in imperfect self-defense—honestly but unreasonably believing deadly force was necessary. In jurisdictions recognizing this doctrine, the result is typically:

    Answer: Reduction to voluntary manslaughter

    Imperfect self-defense negates the malice required for murder, reducing the charge to voluntary manslaughter in jurisdictions that recognize it.

  5. Which fact pattern is most consistent with 'constructive malice' supporting a murder charge?

    Answer: A burglar accidentally kills a homeowner while fleeing

    Constructive malice is supplied by the felony murder rule when a killing occurs during commission of a dangerous felony such as burglary.

  6. Under common law, which of the following best describes 'gross negligence' as used in involuntary manslaughter?

    Answer: Negligence so egregious it demonstrates a wanton disregard for human life

    Involuntary manslaughter requires more than ordinary negligence—it requires gross negligence, i.e., conduct so reckless or careless it shows a wanton disregard for human life.

  7. A defendant shoots at an empty house, not knowing a child is inside, and the child is killed. The defendant is most likely guilty of:

    Answer: Involuntary manslaughter based on criminal negligence or recklessness

    Firing a weapon into a structure without knowing it is occupied can constitute criminal recklessness or negligence, supporting involuntary manslaughter.