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Exam 5: Criminal Homicide

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Question 21

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Under Texas law,a person is considered to be legally dead when he or she meets the statutory standard of being:

A) biologically dead.
B) presumptively dead.
C) effectively dead.
D) medically dead.

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Question 22

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Under Texas law,a person in a vegetative state is considered to be legally dead for the purposes of the criminal homicide statutes.

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Question 23

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Which of the following is a key element of the American System of Classification of criminal homicide?

Marta,a 17-year-old high school student,is seven months pregnant.She has not told her parents or boyfriend.One day while walking home she experiences labor pains.Marta goes into the nearby woods.The baby is born.The baby begins to cry.Afraid she will be discovered and unsure about what to do,Marta covers the child with leaves and departs the scene.A few days later the corpse of the baby is discovered.Subsequent investigation leads the police to Marta.Which of the following is correct about this situation?

Rod,a 17-year-old male afflicted with mental health issues,intentionally murders a neighbor child Juliet.The crime will elevate to capital murder if Juliet were under ___ years old at the time of the murder.

Murders and manslaughters,but not accidental deaths,are forms of ____________ homicides.

If use of a medical life support system prevents a determination of whether an individual's heart is beating naturally,the individual is considered legally dead if he or she has irreversible cessation of spontaneous ________ function.

An unintended death during the commission of a robbery is considered murder under Texas law while a purposeful death during a robbery is considered a capital murder.

The Texas Penal Code applies the criminal homicide statutes only to individuals that have been born alive before the moment of the criminal conduct.

Ricardo,a 17-year-old high school senior,is angry because he has been expelled from school one month before graduation.He walks into the school lunch room with a rifle.He begins shooting randomly at the teacher's table.By the time he is subdued by other students,Ricardo has killed two persons and injured three others.The most serious offense Ricardo has committed is ______(two words)_____.

Is it fair that the mother of the fetus is excused from criminal responsibility for purposely killing the child but the father is not legally excused?

Identify and briefly explain the criminal homicide categories found in the traditional American System of Classification.

Red and Fred are working a construction job for BTB Construction Company.One day as the two are pouring a concrete foundation,the forms collapse.Red and Fred are buried under tons of concrete.It takes several days to recover their bodies.Subsequent investigation reveals that the company did not follow appropriate safety and construction standards in building the foundation.Under Texas law,the most serious offense BTB Construction Company has committed is:

The Texas criminal homicide statutes punish the unlawful killing of an "individual." Which of the following is a factor that must be established to prove the victim meets the statutory definition of an "individual"?

Purposefully causing a death through use of poison is a capital offense in Texas.

In a murder-for-hire case,both the killer and the individual who hired the killer have committed capital murder.

Sheila offers $5,000 to Seth if Seth will kill Vern,Sheila's husband.Seth agrees to the deal.The following evening as Vern is crossing the street,Seth runs over Vern with his automobile.Vern dies that night at the hospital.Sheila collects Vern's $1,000,000 life insurance policy.She uses part of the proceeds to pay Seth his fee.Under Texas law,the most serious offense Sheila has committed is:

Bob and Ray get into a fistfight.Bob grabs a nearby shovel and strikes Ray.The blow ruptures Ray's kidney and he dies.Bob tells the police Ray was his friend and he did not intend to kill Ray.Nonetheless,Bob is facing murder charges because he intended to cause serious bodily injury to Ray and committed an act ___(two words)_____ to human life.

Under Texas law,an unborn fetus can be the victim of a criminal homicide.

Under most circumstances,deaths that are the result of traffic collisions are considered to be accidents unless the party who caused the collision was violating a traffic law at the time.In such cases,the party causing the death would be properly charged with ___(two words)______ homicide.