FIU CCJ3628 Test 1 Davies Chapter 2 Latest 2022

Question 1 In jurisdictions that make a distinction between first and second degree murder, first degree murder is defined as:

Deliberate

 Heinous

 Premeditated

 Both A & C

Question 2According to the ruling in Tennessee v. Garner (1985), a police officer may use deadly force to:

Prevent the imminent escape of an offender who is believed to have caused serious physical injury to others.

 Prevent the escape of suspect the police have probable cause to believe poses a significant threat of serious physical injury to the officer or others.

 Prevent the escape of an armed offender only if there is probable cause to believe he has committed a felony.

 Prevent an offender from escaping after the officer identifies him/herself as an officer and demands the suspect stops.

Question 3In jurisdictions that make a distinction between first and second degree murder, first degree murder is ____________ and premeditated.

inchoate

 incidental

 deliberate

 mitigating

 Question 4Scott Alexander was shooting pigeons on his street when one of the bullets went through his neighbor's fence striking him and killing him instantly. According to the Model Penal Code, Alexander could be charged with murder because:

Alexander always hated his neighbor and this could be considered a motive for murder.

 It is against the law to discharge a firearm within city limits.

 Alexander was acting reckless.

 Alexander could not be charged with murder according to the Model Penal Code because he did not knowingly shoot his neighbor.

 Question 5Adultery is considered to be a reasonable provocation to consider a killing manslaughter instead of murder

True

 False

Question 6A prosecutor may consider evidence that a youngster who killed his father was abused by his father to charge the youth with a lesser crime. What is the prosecutor considering?

 

 Defense motions

 Mitigating circumstances

 Aggravating circumstances

 Felonious circumstances

 Question 7In common law for a killing to be considered manslaughter instead of first or second degree murder, the malice aforethought must be lacking because of:

Limited mens rea

 Provocation

 A reckless disregard for human life

 Justification

Question 8The first homicide statute in the United States was instituted in which state?

New Jersey

 Pennsylvania

 New York

 Massachusetts

Question 9Capital murders are those which are committed in federal jurisdictions.

True

 False

 Question 10A homicide is considered _______ if the killer wanted to kill the victim or was fairly certain that his or her actions would result in the victim's death.

involuntary

 intentional

 premeditated

 None of the above

Question 11Which of the following is unlikely to be defined as a justifiable homicide?

 Killings by a law officer in line of duty

 Execution of condemned inmate

 Killing when discover wife in bed with another man

 Killing in self defense

Question 12_______ is the unlawful killing of one person by another with malice aforethought.

 murder

 Mala in se

 Mala Prohibita

 Manslaughter

Question 13

In American common law, the killing of a human is voluntary manslaughter if a reasonable person would have acted rashly in the same circumstances.

True

 False

Question 14When is a murder eligible for a death sentence in states that allow for the punishment of death for murder?

If the murder victim is of special class (e.g. police officer).

 If the murder meets special mitigating circumstances.

 If the murder meets special aggravating circumstances.

 A & C only

Question 15In Japan the harshest penalties for murder are given to those who kill government officials.

True

 False

Question 16The Model Penal Code places fewer restrictions on the extenuating circumstances that mitigate murder to manslaughter than does common law.

True

 False

Question 17Each of the following may be considered provocation for a killing to be deemed manslaughter except for:

adultery with offender's spouse

 mutual combat

 illegal arrest

 taunting words

Question 18According to the Model Penal Code, if Susan accidentally kills her boyfriend, it would not be considered murder.

 True

 False

Question 19In common law, for a killing to be considered manslaughter instead of first or second degree murder, the __________ would have to be lacking because of provocation.

malice aforethought

 recklessness

 reasonableness

 None of the above

Question 20According to the felony murder rule, when may Robert be found guilty of murder?

Robert is a getaway driver and the police shoot a guard while Robert's accomplices are robbing a bank.

 Robert shoots at a man he is trying to rob. The man runs into traffic and is hit by a car which kills him.

 Robert's accomplice is shot by a guard while Robert and his accomplice are robbing a bank.

 In all of the above situations, Robert may be found guilty of murder following the felony murder rule.