Homicide

Question 1

What is the difference between 1st degree and 2nd degree murder

Answer 1

1st degree murder includes the aggravating factors of deliberate premeditation, extreme atrocity or cruelty or the commission or attempted commission of a crime punishable by a life imprisonment

Question 2

The term unlawful refers to the absence of ______ . ________ describes the particular mental state necessary for murder

Answer 2

justification
Malice

Question 3

List the three ways that malice may be shown (Prongs)

Answer 3

1st Prong Intent to kill the victim

2nd Prong Intent to do grievous bodily harm

3rd Prong an act that a reasonable person would know is likely to kill another

Question 4

Can an offenders voluntary intoxication negate his ability to form malice ?

Answer 4

yes

Question 5

Can a fetus be the subject or a murder or manslaughter conviction ?

Answer 5

Yes, beginning at the point of viability

Question 6

What is the elements of Voluntary Manslaughter(3)

Answer 6

The suspect unlawfully and intentionally

Used force in circumstances where the suspect experienced reasonable provocation

which caused the death of another person

Question 7

The suffering of the murder victim is not a _________ factor in determining whether the murder was committed with extreme atrocity or cruelty

Answer 7

Mandatory
(Suffering is usually the key to whether the murder is atrocious or cruel but it is not Mandatory)

Question 8

Following the decision in Comm v Castillo, the 1st degree factor of extreme atrocity or cruelty may be proven to the jury by the presence of any one of three things in the defendants actions, What are the three factors ?

Answer 8

1)Taking pleasure in the victims suffering

2) Using a method that will very likely increase the victims suffering

3) Using a totally excessive method (as judged by the number of blows, the extent of injuries, level of force, weapon or instrument used)

Question 9

Comm v Brown decided that defendants can no longer be charged with murder based SOLEY on the fact the a killing occured during the commission of a _____ _____

Answer 9

Life felony
(The malice of each accomplice must now be proven. Therefore if a defendant commits an armed robbery as an accomplice and a killing occurs during the course of it. the defendant can only be found guilty of the murder if he knowingly participated with the intent)

Question 10

Cannot charge an accomplice with felony murder if their other accomplice is killed by police or a _____ _____ attempting to stop the crime

Answer 10

Third party

Question 11

For felony murder, The Commonwealth doe not have to prove that the defendant was the _______

Answer 11

Shooter

Question 12

The defense of ______ is not available to juveniles who commit a gang related murder

Answer 12

duress

Question 13

Lack of ________ is a complete defense to murder

Answer 13

jurisdiction

Question 14

Pointing a loaded gun at someone does not prove the ________ to murder

Answer 14

intent
(Suspect refused to drop his gun and pointed it at an officer but was not enough to prove his intent to murder)

Question 15

What is the difference between manslaughter and murder

Answer 15

Manslaughter is an unlawful killing without malice. The absence of malice differentiates manslaughter from murder

Question 16

Manslaughter may be committed by a _________

Answer 16

corporation

Question 17

Seeing an ex lover on a date with someone else is not sufficient provocation for _________

Answer 17

manslaughter

Question 18

If a suspect is attacked and justified in defending himself, but uses” excessive force” in self defense he may be convicted of _________. The same is true if he used excessive force to defend another

Answer 18

Manslaughter

Question 19

The defendant was attempting suicide with a handgun and her boyfriend tried to intervene and was killed by her. What is the charge ?

Answer 19

Involuntary Manslaughter

Question 20

A landlord who fails to provide smoke detectors for his tenants may be charged with _______ if a tenant dies in a fire as a result

Answer 20

manslaughter

Question 21

Parents who fail to provide medical treatment for their ailing child, based on religious convictions are guilty of _____ when the child dies

Answer 21

manslaughter