Exam 4: Crimes Against the Person: Homicide

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The rationale for criminalizing physicia...

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A) Evidence of a dead body
B) Proof of death - corpus deliciti
C) No proof of death is required, merely the reasonable inference
D) Evidence of a body only in the murder statutes but not in the manslaughter statutes

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A) Arson and murder
B) Larceny and murder
C) Assault and murder
D) Extortion and murder

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A) Most often proven with direct evidence
B) Seldom from the nature of the act and from all the circumstances of the case in evidence
C) Seldom by direct evidence, but most often through deduction or inference by the trier of fact from the character of the assault
D) The nature of the act and consideration of all the circumstances of the case in evidence

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The prosecution can offer proof of the c...

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A) One degree
B) Two degrees
C) Three degrees
D) Murder is defined not in degrees but in classifications, Class I, Class II, etc.

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A) The timing of the provocation
B) The element of surprise, shock, and previous level of defendant's knowledge
C) The lack of cooling off from the influence of provocation
D) All of the above

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A) Demonstrating a lack of causation between the felony and the killing
B) Challenge on the 6th amendment right to due process
C) Placing the blame on someone else
D) Challenge as a double jeopardy problem as a principal and an accessory

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A) Agency theory
B) Proximate cause theory
C) Limited liability theory
D) The Lowry Rule

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In a multiple offender situation, where ...

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The two degrees of murder, first-degree ...

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A) Justifiable Homicide
B) Murder 1,2
C) Manslaughter 1,2
D) Involuntary and/or negligent

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A) An intent to kill someone, not necessarily the victim
B) An intent to commit serious or grievous bodily injury upon someone
C) A wanton or reckless disregard of a very great risk of causing death or serious bodily injury
D) All of the above

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A) All felonies
B) All crimes, the death enhances the underlying crime to a felony
C) Specific felonies designated by the legislature
D) Felony crimes against persons

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A) Not all charged with felony murder, it depends on their involvement
B) Each are treated equally in relation to being charged with felony murder
C) Each are not eligible at the same level as principals
D) Charging all the same violates due process protection for the defendants

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A) A person is intentionally killed by the defendant in the course of committing another crime
B) The death of a person unintentionally killed or dying during the commission of any crime
C) The death of a person unintentionally killed or dying during the commission of specific felony crimes
D) In all situations where a person is killed must be considered a felony regardless of the circumstances

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