Homicide Part 4

Question 1

Gross Negligence is

Answer 1

A gross departure from the conduct of an ordinarily careful and prudent person

Question 2

Gross negligence is also a disregard or indifference to the

Answer 2

Rights of others

Question 3

Gross negligence involves a weighing of the

Answer 3

Inherent dangerousness of the act and environmental risk factors to determine whether the act is likely to bring harm to another.

Question 4

For Gross Negligence: there must be a high degree of risk to human life: meaning

Answer 4

Somewhere between ordinary negligence’s unreasonable risk and depraved heart murder’s very high degree of risk.

Question 5

Going over 30 MPH over the speed limit in a heavily congested residential and business area.

Answer 5

Example of gross negligence

Question 6

A police officer tracking down an unarmed suspect, pointing a shotgun at the suspect, and accidentally firing the shotgun.

Answer 6

Gross negligence

Question 7

Someone with little experience weapons and intoxicated brining a gun to a school dance and pointing at another.

Answer 7

Gross negligence

Question 8

Involuntary manslaughter is an unintentional killing commmitted:
1.?
2.
3.

Answer 8

In the commission of an unlawful act not amounting to a felony (misdemeanor manslaughter)

Question 9

Involuntary manslaughter is an unintentional killing commmitted:
1.
2.?
3.

Answer 9

In the commission of a lawful act that might produce death in an unlawful manner; or

Question 10

Involuntary manslaughter is an unintentional killing commmitted:
1.
2.
3. ?

Answer 10

In the commission of a lawful act that might produce death without due caution and circumspection

Question 11

To instruct on a lesser included offense, there has to be sufficient evidence presented at trial…

Answer 11

To support a conviction for the lesser-included offense.

Question 12

General criminal intent requires a

Answer 12

Conscious wrongdoing

Question 13

The defendant breaks into the victim’s home at night with the intent to commit a theft. The victim discovers the defendant. The defendant is holding a gun, but runs out of the house, shutting the door to the house behind him. As he is running, the defendant slips and falls. The gun goes off and the bullet goes through the door and strikes the victim, killing him. What is the highest degree of murder for which the defendant can be charged?

Answer 13

First degree murder

Question 14

The felony murder rule is _________ to the Untied States.

Answer 14

Unique

Question 15

In general the felony murder rule holds a defendant

Answer 15

Culpable for a death that occurs during the course, attempt, or flight from a felony.

Question 16

Under the felony murder rule whether the killing is first-degree or second-degree murder will depend on

Answer 16

The jurisdiction

Question 17

Felony murder is sometimes labeled a __________________ crime becuase it does not require a ________________ for the killing, just for the underlying felony.

Answer 17

Strict Liability
Mental state

Question 18

Unintentional and accidental killings can be prosecuted as murder if they occurred during the course or in the furtherance of a

Answer 18

Felony

Question 19

There are two different methods that courts use to decide if a felony is inherently dangerous:
1. ?
2.

Answer 19

1. Viewing the statue in the abstract, looking at the text of the statute

Question 20

There are two different methods that courts use to decide if a felony is inherently dangerous:
1.
2. ?

Answer 20

Looking to the facts and circumstances of the underlying felony

Question 21

There are two different methods that courts look at to determine if a felony if inherently dangerous:
1. Viewing the statute in the abstract, looking at the text of the statute.
2. Looking to the facts and circumstances of the underlying felony
*A third option is to:

Answer 21

Avoid the question altogether and statutorily list the predicative felonies for felony murder

Question 22

The __________ approach limits felony murder to killings where the felon or their agent have committed the killing.

Answer 22

Agency

Question 23

The _________ _________ approach applies felony murder to any killing that occurs during the commission of the felony regardless of whether the victim is a co-felon killed “by one resisting the crime.”

Answer 23

Proximate cause