Homicide Part 2

Question 1

Unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.

Answer 1

Depraved heart murder at common law (second degree murder/homicide)

Question 2

Both depraved heart murder and reckless homicde require

Answer 2

Recklessness

Question 3

_______________ murder requires an additional element: that the killing occur under circumstances manifesting extreme indifference to the value of human life.

Answer 3

Depraved heart

Question 4

Intoxication

Answer 4

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 5

Speeding is a factor a court will consider in determining

Answer 5

if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 6

Near or non fatal collisions shortly before the fatal accident

Answer 6

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 7

Driving on the wrong side of the road

Answer 7

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 8

Failure to aid the victim

Answer 8

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 9

Failure to heed traffic signs

Answer 9

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 10

Failure to heed warnings about reckless driving

Answer 10

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 11

Prior record of driving offenses

Answer 11

Factor a court will consider in determining if a driver’s behavior demonstrates an extreme indifference to the value of human life.

Question 12

_______ can be shown either by proof that the defendant intended to kill or by proof that the defendant consciously disregarded an extreme risk of death or serious bodily injury.

Answer 12

malice

Question 13

____________ defenses are legally recognized justifications or excuses that excuse criminal culpability despite all of the elements of the crime being met.

Answer 13

Affirmative defenses

Question 14

What is not a defense to homicide?

Answer 14

Consent

Question 15

There is an inverse relationship between the strength of the evidence of guilt and the likelihood that an error affected the outcome.

Answer 15

Harmless Error

Question 16

The stronger the evidence supporting the verdict, the less likely it is that the error affected the outcome.

Answer 16

Harmless Error

Question 17

The weaker the evidence supporting the verdict, the more likely it is that the error affected the outcome.

Answer 17

Harmless error doctrine