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Contemporary Criminal Law Concepts

Cases and Controversies 4th Edition


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Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Test Bank
Chapter 10: Homicide

Multiple Choice
1. _____ is defined as the intent to kill with ill will or hatred.
*a. Malice aforethought
b. Depraved heart
c. Express malice
d. Implied malice
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Knowledge
Question Type: MC

2. _____ is a killing that is committed with extreme recklessness or negligence.


a. Malice aforethought
*b. Depraved heart murder
c. First-degree murder
d. Felony murder
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Knowledge
Question Type: MC

3. _____ exists in those cases that an individual possesses an intent to cause great bodily harm or
the intent to commit an act that may be expected to lead to death or great bodily harm.
a. Malice aforethought
b. Felony murder
*c. Implied malice
d. Criminal negligence
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Knowledge
Question Type: MC

4. _____ is the most serious form of murder.


a. Voluntary manslaughter
b. Second-degree murder

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Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

*c. First-degree murder


d. Involuntary manslaughter
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Knowledge
Question Type: MC

5. _____ includes all murders not involving premeditation and deliberation.


a. Voluntary manslaughter
*b. Second-degree murder
c. First-degree murder
d. Involuntary manslaughter
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Knowledge
Question Type: MC

6. _____ is also known as murder in the heat of passion.


*a. Voluntary manslaughter
b. Second-degree murder
c. First-degree murder
d. Involuntary manslaughter
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: MC

7. The mens rea of first-degree murder requires


a. Deliberation
b. Premeditation
c. Malice
*d. All of the above
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: MC

8. Thirty-two states and the federal government authorize the death penalty. In some states, this
is called _____.
*a. Capital murder
b. Felony murder
c. Death penalty murder

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Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

d. Aggravated murder
Location: Capital and Aggravated First-Degree Murder
Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Comprehension
Question Type: MC
9. _____ statutes typically punish intentional killings that are committed with malice
aforethought that are not premeditated, justified, or excused.
a. Voluntary manslaughter
*b. Second-degree murder
c. First-degree murder
d. Involuntary manslaughter
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: MC

10. An individual may be held liable for _____ in those instances that he or she kills another as a
result of the deliberate perpetration of a knowingly dangerous act with reckless and wanton
unconcern and indifference as to whether anyone is harmed or not.
a. Voluntary manslaughter
b. Second-degree murder
c. First-degree murder
*d. Depraved heart murder
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: MC

11. Which of the following is not a reason for the felony murder rule?
a. Deterrence
*b. Resolution
c. Punishment
d. Prosecution
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Comprehension
Question Type: MC
12. The _____ theory of felony murder limits criminal liability to acts of felons and co-felons.
a. Limiting
*b. Agency
c. Proximate cause

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Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

d. Accomplice
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Knowledge
Question Type: MC

13. The _____ theory of felony murder holds felons responsible for foreseeable deaths that are
caused by the commission of a dangerous felony.
a. Limiting
b. Agency
*c. Proximate cause
d. Accomplice
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Knowledge
Question Type: MC

14. A corporation cannot be incarcerated and is, instead, punished by _____.


a. Closing the corporation
b. Firing the CEO
*c. A fine
d. Imprisoning the CEO
Location: Corporate Murder
Learning Objective: 1.9 Know the legal rule for holding a corporation criminally liable
Cognitive Domain: Knowledge
Question Type: MC

15. _____ provocation is defined as conduct that is sufficient to excite an intense passion that
causes a reasonable person to lose control.
a. Culpable
b. Intense
c. Reasonable
*d. Adequate
Location: Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Comprehension
Question Type: MC

16. Voluntary manslaughter requires that an individual kill in a sudden and intense _____ in
response to a conduct that is sufficient to excite a reasonable person.
*a. Heat of passion

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Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

b. Rage
c. Anger
d. None of the above
Location: Voluntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: MC

17. _____ arises when an individual commits an act that he or she is unaware creates a high
degree of human injury or death under circumstances in which a reasonable person would have
been aware of the threat.
a. Reckless manslaughter
b. Second-degree manslaughter
c. Voluntary manslaughter
*d. Negligent manslaughter
Location: Negligent Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: MC

18. _____ means that a defendant must have been personally aware that his or her conduct
created a substantial risk of death or serious bodily harm.
*a. Recklessness
b. Negligence
c. Involuntariness
d. Voluntariness
Location: Negligent Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: MC

19. According to most states, when can a defendant be held responsible for the murder of a
fetus?
a. At any time
b. When the defendant knew the woman was pregnant
*c. When the fetus is viable
d. After the second trimester of pregnancy
Location: The Beginning of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Knowledge
Question Type: MC

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Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

20. _____ is the killing of another that results from the grossly negligent operation of an
automobile or from driving under the influence of intoxicants.
a. Vehicular felony
*b. Vehicular manslaughter
c. Both a and b
d. None of the above
Location: Involuntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: MC

21. _____ is the killing of another during the commission of a crime that does not amount to a
felony.
a. Felony manslaughter
b. Felony murder
c. Misdemeanor murder
*d. Misdemeanor manslaughter
Location: Negligent Manslaughter
Learning Objective: 1.11 Explain misdemeanor manslaughter
Cognitive Domain: Knowledge
Question Type: MC

22. A type of homicide that includes self-defense, defense of others, defense of the home, and
police use of deadly force:
a. Excusable homicide
*b. Justifiable homicide
c. Murder
d. Manslaughter
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: MC

23. The _____ is a common law standard that provides that an individual is criminally
responsible only for a death that occurs within one year of his or her criminal act.
*a. Year and a Day Rule
b. Statute of Limitations
c. Limiting Determination Clause
d. Propinski Rule
Location: The End of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Knowledge
Question Type: MC

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

24. First-degree murder requires _____, which shows that an act was thought out prior to its
commission.
a. Deliberation
*b. Premeditation
c. Intentionality
d. Lying in wait
Location: First-Degree Murder
Learning Objective: 1.4 Indicate the elements of first-degree premeditated murder
Cognitive Domain: Comprehension
Question Type: MC

25. First-degree murder requires _____, which shows the intent to kill that is carried out in a cool
state of mind in furtherance of the design to kill.
*a. Deliberation
b. Premeditation
c. Intentionality
d. Lying in wait
Location: First-Degree Murder
Learning Objective: 1.4 Indicate the elements of first-degree premeditated murder
Cognitive Domain: Comprehension
Question Type: MC

26. An Illinois corporation had been clandestinely dumping toxic waste into a river in a rural
area. The board of directors knew of the practice and approved it in order to increase profit
margins. If the local residents are affected by the toxic waste and subsequently develop rare
diseases or even die as a result of exposure, what may be the most appropriate criminal charge?
a. First-degree murder because it was premeditated and deliberate
b. Misdemeanor manslaughter because it was a minor crime
*c. Corporate murder because the board of directors authorized the actions
d. Involuntary manslaughter because it was accidental
Location: Corporate Murder
Learning Objective: 1.9 Know the legal rule for holding a corporation criminally liable
Cognitive Domain: Application
Question Type: MC

27. Ava had a tremendous amount of resentment toward her brother Rory. He was friendly and
well liked and she felt largely invisible. She began planning to kill him because of her belief that
life would be easier if he wasn’t able to rub his social success in her face daily. Rory regularly
jogged in the park in the morning. Ava knew this and hid in the bushes waiting for him to jog by.
As he ran past her she intended to shoot him in the back but missed. If she had been successful in
her murder plot, which charge would be most appropriate?
a. Voluntary manslaughter
b. Involuntary manslaughter
*c. First-degree murder
d. Second-degree murder

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Location: First-Degree Murder


Learning Objective: 1.6 Compare the difference between first- and second-degree murder
Cognitive Domain: Application
Question Type: MC

28. Which of the following is the appropriate mathematical equation for determining whether an
act satisfies the highly dangerous standard of depraved heart murder?
*a. There is no mathematical formula
b. Each state utilizes its own formula
c. When three or more people are injured or have the potential to be injured by the activity in
question and the action was deliberate
d. When minors are involved and there is premeditation
Location: Depraved Heart Murder
Learning Objective: 1.7 List the elements of depraved heart murder
Cognitive Domain: Comprehension
Question Type: MC

29. In which of these instances would the charge of corporate murder be least appropriate?
a. Workers for a corporation die from exposure to toxic chemicals while on a job site
b. An airplane company deliberately fails to make routine inspections company-wide due to a
staffing shortage
*c. A corporate truck driver accidentally rear ending a stopped car on the turnpike
d. A car company knowingly installing faulty parts in order to cut corners
Location: Corporate Murder
Learning Objective: 1.9 Know the legal rule for holding a corporation criminally liable
Cognitive Domain: Application
Question Type: MC

30. The biggest difference between first- and second-degree murder is which of the following?
a. First-degree murder requires malice
b. Second-degree murder does not require malice
*c. First-degree murder requires premeditation and deliberation
d. Second-degree murder requires premeditation and deliberation
Location: First-Degree Murder
Learning Objective: 1.6 Compare the difference between first- and second-degree murder
Cognitive Domain: Comprehension
Question Type: MC

31. A husband threatened to beat his wife if she did not jump into a stream. She jumped into the
stream, the current carried her away, and she was later found dead. The husband’s acts likely
satisfy the actus reus for which criminal charge?
a. Assault
b. Battery
c. Intimidation
*d. Homicide
Location: Actus Reus and Criminal Homicide

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Learning Objective: 1.3 Describe the actus reus of homicide


Cognitive Domain: Application
Question Type: MC

32. Lack of a criminal history, substantially impaired mental capacity, duress, and consent of the
victim are all examples of what?
*a. Mitigating factors
b. Practical considerations
c. First-degree murder
d. Aggravating factors
Location: Capital and Aggravated First-Degree Murder
Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Comprehension
Question Type: MC

33. Which of the following crimes is also referred to as unlawful act manslaughter?
a. Negligent manslaughter
*b. Misdemeanor manslaughter
c. Vehicular manslaughter
d. Voluntary manslaughter
Location: Involuntary Manslaughter
Learning Objective: 1.11 Explain misdemeanor manslaughter
Cognitive Domain: Comprehension
Question Type: MC

34. Alex recently bought a new car. He wants to take it out for a joyride to see what its capable
of. He peels out from stoplights ensuring the tires screech loudly and races any car that happens
to pull up next to him. In the excitement of his ride he decides to drive up on the sidewalk at top
speed, assuming any pedestrians will jump out of the way. If pedestrians die as a result of his
conduct, what is the most likely criminal charge?
a. Capital murder
b. Voluntary manslaughter
c. Vehicular manslaughter
*d. Depraved heart murder
Location: Depraved Heart Murder
Learning Objective: 1.7 List the elements of depraved heart murder
Cognitive Domain: Application
Question Type: MC

35. Which forms of homicide involve strict liability?


a. Felony murder
b. Misdemeanor manslaughter
c. Depraved heart murder
d. a and c only
*e. a and b only

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Location: Mens Rea and Criminal Homicide


Learning Objective: 1.11 Explain misdemeanor manslaughter
Cognitive Domain: Comprehension
Question Type: MC

36. Bethany was hit by a car and has been admitted to the local hospital. Her injuries were very
serious and as a result she has been in a coma. She is now considered brain dead but her vital
functions are operating thanks to modern technology. Her mother is hoping to collect on
Bethany’s life insurance in the event she dies. Under what test would Bethany already be
considered dead?
a. Circulatory cessation test
b. Respiratory cessation test
*c. Brain death test
d. The year and a day rule
Location: The End of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Comprehension
Question Type: MC

37. The current trend is toward recognizing that a premeditated intent to kill need only exist for
what period of time?
a. 24 hours or more
*b. Only for an instant
c. More than a few seconds
d. None of the above
Location: First-Degree Murder
Learning Objective: 1.4 Indicate the elements of first-degree premeditated murder
Cognitive Domain: Comprehension
Question Type: MC

38. Russian roulette is an example of which type of murder?


a. Felony murder
b. Voluntary manslaughter
c. Negligent manslaughter
*d. Depraved heart murder
Location: Depraved Heart Murder
Learning Objective: 1.7 List the elements of depraved heart murder
Cognitive Domain: Comprehension
Question Type: MC

39. Seventeen states reject which of the following?


*a. The death penalty
b. Mitigating factors
c. The concept of involuntary manslaughter
d. The concept of corporate homicide

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Location: Capital and Aggravated First-Degree Murder


Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Comprehension
Question Type: MC

40. Which of the following is not a definition that satisfies the actus reus of criminal homicide?
a. Causing the death of a person
b. Unlawful killing of a human being
*c. Wishing for the death of another individual
d. None of the above
Location: Actus Reus and Criminal Homicide
Learning Objective: 1.3 Describe the actus reus of homicide
Cognitive Domain: Comprehension
Question Type: MC

41. Jimmy is syphoning gas out of a car in the parking lot of his high school. Gas syphoning is
considered a misdemeanor. While Jimmy is still syphoning the gas, the owner of the car enters
on the opposite side and turns the key in the ignition. As he attempts to start the car, an explosion
causes his death. What crime, if any, is appropriate for Jimmy’s actions?
*a. Misdemeanor manslaughter
b. Capital murder
c. Trespassing only
d. None
Location: Involuntary Manslaughter
Learning Objective: 1.11 Explain misdemeanor manslaughter
Cognitive Domain: Application
Question Type: MC

42. A killing of a police officer, more than one victim, murder for hire, and killing during a
prison escape are all examples of what?
a. Mitigating factors
b. Practical considerations
c. First-degree murder
* d. Aggravating factors
Location: Capital and Aggravated First-Degree Murder
Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Comprehension
Question Type: MC

43. Commonwealth v. Cass held that prenatal injuries resulting in the death of a viable fetus
before or after birth is homicide. Roe v. Wade held that a woman has the right to voluntarily
consent to an abortion by a licensed physician. How does the Model Penal Code avoid a conflict
between the law of abortion and the criminal law concerning a fetus?
*a. The MPC utilizes the common law born alive rule in order to avoid a possible conflict

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

b. The MPC is silent as to the issue


c. The MPC acknowledges the conflict but does not resolve it
d. The MPC acknowledges abortion as homicide
Location: The Beginning of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Comprehension
Question Type: MC

44. Which of the following is not an act that satisfies the actus reus requirement of criminal
homicide?
a. Shooting
b. Choking
c. Poisoning
*d. None of the above
Location: Actus Reus and Criminal Homicide
Learning Objective: 1.3 Describe the actus reus of homicide
Cognitive Domain: Comprehension
Question Type: MC

45. Which category of murder includes death resulting from an intent to cause serious bodily
harm and depraved heart murder?
a. First-degree murder
*b. Second-degree murder
c. Manslaughter
d. Misdemeanor manslaughter
Location: Types of Criminal Homicide
Learning Objective: 1.6 Compare the difference between first- and second-degree murder
Cognitive Domain: Comprehension
Question Type: MC

True/False
46. True or False? Murder is defined as all homicide including those that are excused or justified.
a. True
*b. False
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: TF

47. True or False? Manslaughter is defined as all homicides without malice aforethought
committed without justification or excuse.
*a. True

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

b. False
Location: Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: TF

48. True or False? First-degree murder is the most serious form of murder and the prosecutor has
the burden of establishing recklessness and malice.
a. True
*b. False
Location: First-Degree Murder
Learning Objective: 1.4 Indicate the elements of first-degree premeditated murder
Cognitive Domain: Comprehension
Question Type: TF

49. True or False? According to the common law, the fetus has to be viable for the defendant to
be liable for murder.
a. True
*b. False
Location: The Beginning of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Comprehension
Question Type: TF

50. True or False? In order to determine when death occurs, a majority of state legislatures and
courts now have adopted a brain death test.
*a. True
b. False
Location: The End of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Comprehension
Question Type: TF

51. True or False? First-degree murder is the most serious form of homicide and can result in the
death penalty in all 50 states.
a. True
*b. False
Location: First-Degree Murder
Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Knowledge
Question Type: TF

13
Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

52. True or False? Deliberation entails an intent to kill that is carried out in the heat of passion in
furtherance of the design to kill.
a. True
*b. False
Location: Capital and Aggravated First-Degree Murder
Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Comprehension
Question Type: TF

53. True or False? State capital murder or aggravated murder statutes typically reserve death for
premeditated killings with the presence of various aggravated factors or special circumstances.
*a. True
b. False
Location: Capital and Aggravated First-Degree Murder
Learning Objective: 1.5 Describe the characteristics of capital and aggravated first-degree
murder
Cognitive Domain: Knowledge
Question Type: TF

54. True or False? State second-degree statutes typically punish intentional killings that are
committed with malice aforethought that are not premeditated, justified, or excused.
*a. True
b. False
Location: Second-Degree Murder
Learning Objective: 1.6 Compare the difference between first- and second-degree murder
Cognitive Domain: Knowledge
Question Type: TF

55. True or False? An example of negligence is when a defendant pours gasoline through the
mail slot of the victim’s house and sets the gasoline on fire, killing two of the victim’s children.
a. True
*b. False
Location: Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Application
Question Type: TF

56. True or False? A killing that occurs during the course of a felony is punished as murder.
*a. True
b. False
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder

14
Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Cognitive Domain: Knowledge


Question Type: TF

57. True or False? The proximate cause theory of felony murder limits criminal liability to the
acts of felons and co-felons.
a. True
*b. False
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Knowledge
Question Type: TF

58. True or False? Corporations may not be held criminally liable in those cases that the conduct
is performed or approved by corporate managers or officials.
a. True
*b. False
Location: Corporate Murder
Learning Objective: 1.9 Know the legal rule for holding a corporation criminally liable
Cognitive Domain: Comprehension
Question Type: TF

59. True or False? Voluntary manslaughter recognizes that a reasonable person under certain
circumstances will be provoked to lose control and kill.
*a. True
b. False
Location: Voluntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Comprehension
Question Type: TF

60. True or False? The law of provocation is based on the reaction of a reasonable person.
*a. True
b. False
Location: Voluntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: TF

61. True or False? The defense of sudden heat of passion is still available if a reasonable
person’s passion would have cooled off between the time of the provocation and the time of the
killing.
a. True

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

*b. False
Location: Voluntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Comprehension
Question Type: TF

62. True or False? Involuntary manslaughter involves the intentional killing of another without
malice.
a. True
*b. False
Location: Involuntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Comprehension
Question Type: TF

63. True or False? Some courts do not clearly state whether they require negligence or
recklessness.
*a. True
b. False
Location: Negligent Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Knowledge
Question Type: TF

64. True or False? An unintentional killing that results from an unlawful act not amounting to a
felony is termed misdemeanor manslaughter.
*a. True
b. False
Location: Involuntary Manslaughter
Learning Objective: 1.11 Explain misdemeanor manslaughter
Cognitive Domain: Comprehension
Question Type: TF

65. True or False? The killing of another human being is considered the most serious criminal
offense.
*a. True
b. False
Location: Introduction
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Knowledge
Question Type: TF

16
Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Short Answer and Essay


66. What is malice aforethought?
Correct Answer:
Malice aforethought is the intent to kill with ill will or hatred.
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Comprehension
Question Type: Short answer/Essay

67. What is the difference between express malice and implied malice?
Correct Answer:
Individuals who have a deliberate intent to kill possesses express malice while implied malice
exists in those cases that an individual possesses an intent to cause great bodily harm or the
intent to commit an act that may be expected to lead to death or great bodily harm.
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Application
Question Type: Short answer/Essay

68. What is the difference between first-degree murder and second-degree murder?
Correct Answer:
First-degree murder is the most serious form of murder and requires premeditation, deliberation,
and malice aforethought. Second-degree murder is killing with malice, but does not require
premeditation.
Location: Types of Criminal Homicide
Learning Objective: 1.6 Compare the difference between first- and second-degree murder
Cognitive Domain: Application
Question Type: Short answer/Essay

69. According to common statutes, how is the beginning of human life determined?
Correct Answer:
According to common law, individuals are not criminally responsible for the murder of a child in
the womb unless that fetus is able to live independently.
Location: The Beginning of Human Life
Learning Objective: 1.2 State the differing views on when life begins for purposes of homicide
and the legal tests for determining death
Cognitive Domain: Comprehension
Question Type: Short answer/Essay

70. How is premeditation and deliberation established?


Correct Answer:

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

Premeditation is established by analyzing whether a defendant’s act was thought out prior to
commission. Deliberation is established by analyzing whether a defendant had the intent to kill
and that the act was carried out in a cool state of mind.
Location: First-Degree Murder
Learning Objective: 1.4 Indicate the elements of first-degree premeditated murder
Cognitive Domain: Comprehension
Question Type: Short answer/Essay

71. Give an example of second-degree murder.


Correct Answer:
Depraved heart murder
Location: Depraved Heart Murder
Learning Objective: 1.7 List the elements of depraved heart murder
Cognitive Domain: Comprehension
Question Type: Short answer/Essay

72. What is the difference between depraved heart murder and negligence?
Correct Answer:
Depraved heart murder is the killing of another as a result of the deliberate perpetration of a
knowingly dangerous act with reckless wanton unconcern and difference as to whether anyone is
harmed or not. The nature of the act implies malice. Negligence, on the other hand, dictates that
an individual may not be aware of the risk that he or she is creating by performing an act.
Location: Depraved Heart Murder
Learning Objective: 1.7 List the elements of depraved heart murder
Cognitive Domain: Analysis
Question Type: Short answer/Essay

73. What is the difference between the agency theory of felony murder and the proximate cause
theory of felony murder?
Correct Answer:
The agency theory assigns criminal liability for deaths committed by felons and co-felons, but
not deaths committed by another acting as an adversary. Proximate cause theory, on the other
hand, assigns criminal liability for any and all foreseeable deaths during the commission of a
crime. It does not matter whether the killing was committed by an adversary, such as a police
officer or a security guard.
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Analysis
Question Type: Short answer/Essay

74. To what situations did the common law limit adequate provocation?
Correct Answer:
Common law restricted adequate provocation to a limited number of situations: aggravated
assault or battery, mutual combat defined as a fight voluntarily entered into by the participants, a

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

serious crime committed against a close relative of a defendant, and one spouse observing the
adultery of the other spouse.
Location: Voluntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Application
Question Type: Short answer/Essay

75. What is the difference between misdemeanor manslaughter and felony murder?
Correct Answer:
Misdemeanor manslaughter is a killing done during the commission of an act that does not
amount to a felony. Felony murder, on the other hand, are those killings done during the
commission of a felony.
Location: Involuntary Manslaughter
Learning Objective: 1.11 Explain misdemeanor manslaughter
Cognitive Domain: Analysis
Question Type: Short answer/Essay

76. Mark suspects that his wife has been cheating on him. In order to confirm his suspicions, he
leaves work early in hopes of catching his wife “in the act.” As he suspected, Mark’s wife was in
bed with his best friend. Mark threw down his briefcase, broke some dishes in the living room,
and left the house. The next morning, Mark drove to his best friend’s apartment. He took a gun
out of his glove compartment, walked up to the door, and when his best friend answered, Mark
shot him three times. Mark then called the police and stated that he had just murdered his best
friend. He did not attempt to flee, but instead waited for the police to arrive. What facts support a
conviction for voluntary manslaughter? Could Mark plead voluntary manslaughter based on the
claim that his best friend insulted him when he answered the door? Why or why not? What if
Mark would have shot his best friend when Mark walked in on his wife and best friend?
Correct Answer:
To establish voluntary manslaughter, there must be a killing done in the heat of passion (no
cooling of blood) in response to adequate provocation. To convict Mark of voluntary
manslaughter, students must determine whether seeing his wife in bed with his best friend
amounted to adequate provocation. If so, then the students must determine whether Mark’s blood
had cooled or not at the time that the killing was committed. The amount of time Mark waited to
kill his best friend is irrelevant. As long as it was inferable that Mark’s blood had not cooled at
the time of the killing, then Mark can be convicted of voluntary manslaughter. If Mark claimed
that his best friend insulted him prior to the killing, Mark cannot plead voluntary manslaughter
because mere words (except informational words) are not considered adequate provocation. If
Mark shot his best friend when he walked in on his wife and best friend, students must still
establish adequate provocation and heat of passion.
Location: Voluntary Manslaughter
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Application/Analysis
Question Type: Short answer/Essay

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

77. Sally is frustrated with her neighbor Mary. Mary has been letting her dog relieve itself on
Sally’s daisies, and she has finally had it. After repeatedly telling Mary to take her dog
somewhere else, Sally finally decides she has to teach Mary a lesson. One evening, Sally invites
Mary inside for some coffee. While inside, Sally poisons Mary, watches Mary die, chops Mary
into pieces, and uses Mary as fertilizer for her daisies. What charges should be brought against
Sally? Explain your answer with the legal equation for homicide. What does the prosecutor need
to show to get a conviction? How would the prosecutor show this?
Correct Answer:
Mary may be charged with first-degree murder. According to the legal equation, first-degree
murder requires premeditation and the deliberate intent to kill another person, act that is the
factual and legal cause of death, and the death of another person. Students must sufficiently
fulfill each of these requirements. For instance, students must establish that Sally planned out her
crime and committed it in cold blood.
Location: First-Degree Murder
Learning Objective: 1.4 Indicate the elements of first-degree premeditated murder
Cognitive Domain: Application/Analysis
Question Type: Short answer/Essay

78. David had just finished cleaning his gun on his front porch. He walked inside to throw his rag
away when the next door neighbor’s 5-year-old son walked over, picked up the gun, and shot
himself. The boy died within minutes. What is the rule for depraved heart murder? Should David
be found guilty of depraved heart murder? Why or why not? Use examples from your readings to
support your answer.
Correct Answer:
There are three requirements for depraved heart murder: (1) the defendant’s act must create a
very high degree of risk or serious bodily harm, (2) the defendant was aware of the danger
created by his or her conduct, and (3) there is/are individual(s) at risk. Students must sufficiently
establish each of these requirements.
Location: Depraved Heart Murder
Learning Objective: 1.7 List the elements of depraved heart murder
Cognitive Domain: Application/Analysis
Question Type: Short answer/Essay

79. Brian, Jake, and Sophia plotted to rob a bank. Brian and Jake will be carrying guns into the
bank and Sophia will serve as the getaway driver. Upon arriving at the bank, Brian and Jake raise
their guns, point them toward the direction of customers and employees, and demand money
from the tellers. Meanwhile, a police officer sitting with the bank manager gets up and orders
Brian and Jake to lower their weapons, who subsequently refused. The police officer shoots
toward the two robbers, hitting Jake and killing him. A dangerous shootout ensues and one of
Brian’s bullets hits and kills a customer. Likewise, one of the police officer’s bullets hits and
kills another customer. Analyze this case under the agency theory of felony murder.
Correct Answer:
Under the agency theory of felony murder, a felon is liable for deaths he or she committed as
well as those committed by co-felons. Killings committed by someone acting as an adversary
does not make a felon liable. In this case, Brian and Sophia are liable for the deaths of Jake and

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

the customer that Brian’s bullet killed. Because the police officer is an adversary, neither Brian
nor Sophia are liable for the killing committed by the police officer.
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Application/Analysis
Question Type: Short answer/Essay

80. Brian, Jake, and Sophia plotted to rob a bank. Brian and Jake will be carrying guns into the
bank and Sophia will serve as the getaway drivers. Upon arriving at the bank, Brian and Jake
raise their guns, point them toward the direction of customers and employees, and demand
money from the tellers. Meanwhile, a police officer sitting with the bank manager gets up and
orders Brian and Jake to lower their weapons, who subsequently refused. The police officer
shoots toward the two robbers, hitting Jake and killing him. A dangerous shootout ensues and
one of Brian’s bullets hits and kills a customer. Likewise, one of the police officer’s bullets hits
and kills another customer. Analyze this case under the proximate cause theory of felony murder.
Correct Answer:
Under the proximate cause theory of felony murder, a felon is liable for all foreseeable deaths
committed during a felony. In this case, Brian and Sophia are liable for all the deaths that had
occurred during the robbery.
Location: Felony Murder
Learning Objective: 1.8 State the law of felony murder and compare and contrast the agency
theory of felony murder with the proximate cause theory of criminal responsibility for felony
murder
Cognitive Domain: Application/Analysis
Question Type: Short answer/Essay

81. Jeffrey stabs Lisa to death. List and define the four types of homicide. Illustrate each
definition of homicide using the example of Jeffrey and Lisa.
Correct Answer:
(1) Justifiable homicideJeffrey stabs Lisa because Lisa is attacking Jeffrey; (2) excusable
homicideJeffrey, who is 7 years old, stabs Lisa; (3) murderJeffrey lies in wait at Lisa’s
house and stabs her; (4) manslaughterJeffrey finds his wife, Lisa, in bed with another man and
stabs Lisa.
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Application
Question Type: Short answer/Essay

82. When homicide occurs, by definition, one person kills another. In the cases of murder and
manslaughter, this killing is not justified. Explain why murder and manslaughter and their
varying degrees are punished differently when the end result is the same in all cases.
Correct Answer:

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Instructor Resource
Lippman, Contemporary Criminal Law, 4th Edition
© 2016, SAGE Publications

The determination of murder versus manslaughter and the varying degrees of each are generally
decided through the intent of the defendant. Individuals who kill in cold blood and plan their
murders are legally deemed as more blameworthy than individuals who are provoked by anger
and acts out immediately on that anger.
Location: Types of Criminal Homicide
Learning Objective: 1.1 Describe the development of the common law of homicide and the
historical distinction between murder and manslaughter
Cognitive Domain: Analysis
Question Type: Short answer/Essay

83. Summarize and discuss the Girouard v. State case. What was the main issue being discussed?
What were the findings in this case? Do you agree or disagree?
Correct Answer:
Students must sufficiently summarize and discuss the case by providing facts surrounding
argument between the defendant and his wife as well as the subsequent killing and attempted
suicide. The discussion of liability should revolve around whether the defendant’s wife
adequately provoked the defendant into killing her. Girouard was found guilty of murder because
the wife’s acts were not adequate provocation.
Location: Voluntary Manslaughter Reconsidered
Learning Objective: 1.10 Name the elements of voluntary manslaughter and state the elements of
involuntary manslaughter
Cognitive Domain: Analysis
Question Type: Short answer/Essay

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