Essential Criminal Law 2nd Edition

Lippman Test Bank

Visit to download the full and correct content document: https://testbankdeal.com/dow
nload/essential-criminal-law-2nd-edition-lippman-test-bank/
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

Chapter 7: Homicide
Test Bank

Multiple Choice
1. This crime constitutes the most serious form of murder:
a. voluntary manslaughter
b. second-degree murder
c. first-degree murder
d. involuntary manslaughter
Ans: C
Learning Objective: 7-5: Know the difference between first- and second-degree murder.
Cognitive Domain: Knowledge
Answer Location: First-Degree Murder
Difficulty Level: Easy

2. After a jury trial, a jury found that Sam killed the victim as a result of deliberate perpetration
of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether
anyone is harmed or not. This type of homicide is known as:
a. voluntary manslaughter
b. second-degree murder
c. first-degree murder
d. depraved heart murder
Ans: D
Learning Objective: 7-6: List the elements of depraved heart murder.
Cognitive Domain: Comprehension
Answer Location: Depraved Heart Murder
Difficulty Level: Easy

3. In most states, killings committed with malice aforethought that are not specifically defined as
first-degree murder are considered:
a. second-degree murder
b. capital murder
c. voluntary manslaughter
d. felony murder
Ans: A
Learning Objective: 7-5: Know the difference between first- and second-degree murder.
Cognitive Domain: Comprehension
Answer Location: Second-Degree Murder
Difficulty Level: Easy

4. One night, Alvin entered a convenience store intending to rob it. When he entered, he shoved
a gun in the store clerk’s face and demanded money. Unbeknownst to Alvin, the store clerk had a
loaded gun under the cash register. At a moment when Alvin was distracted and looking out the
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

window, the store clerk pulled the weapon and fired a gunshot in an attempt to scare Alvin.
Unfortunately, the gunshot hit one of the customers in the store. Which of the following is true?
a. Alvin is likely guilty of the customer’s death under the agency theory of felony murder.
b. Alvin is likely guilty of depraved heart murder.
c. Alvin is likely guilty of voluntary manslaughter.
d. Alvin is likely guilty under the proximate cause theory of felony murder.
Ans: D
Learning Objective: 7-7: 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
Answer Location: Felony Murder
Difficulty Level: Medium

5. In most states, a defendant can be held responsible for the murder of a fetus:
a. when the defendant knew that the woman carrying the fetus was pregnant
b. when the fetus is viable
c. at any time
d. after the first trimester of pregnancy
Ans: B
Learning Objective: 7-10: Know the differing views on when life begins for purposes of
homicide and the legal tests for determining death.
Cognitive Domain: Comprehension
Answer Location: The Beginning of Human Life
Difficulty Level: Easy

6. This element of first-degree murder demonstrates that an act was thought out before the
murder was committed.
a. willfulness
b. depravity
c. deliberation
d. premeditation
Ans: D
Learning Objective: 7-3: Know the elements of first-degree premeditated murder.
Cognitive Domain: Knowledge
Answer Location: First-Degree Murder
Difficulty Level: Easy

7. Which of the following theories holds defendants responsible for foreseeable deaths caused by
the commission of a dangerous felony?
a. proximate cause theory
b. reasonable effects theory
c. agency theory
d. likely outcomes theory
Ans: A
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

Learning Objective: 7-7: 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
Answer Location: Felony Murder
Difficulty Level: Easy

8. Vic fired his gun several times into the window of a crowded store. Although he wasn’t
aiming at anyone, one of the bullets hit a customer. The customer died shortly thereafter. Vic’s
conduct meets the test for what type of homicide?
a. first-degree murder
b. second-degree murder
c. voluntary manslaughter
d. negligent manslaughter
Ans: B
Learning Objective: 7-5: Know the difference between first- and second-degree murder.
Cognitive Domain: Application
Answer Location: Depraved Heart Murder
Difficulty Level: Medium

9. Statutes punishing this form of homicide typically punish killings that are committed with
malice aforethought that are not premeditated, justified, or excused.
a. second-degree murder
b. voluntary manslaughter
c. involuntary manslaughter
d. first-degree murder
Ans: A
Learning Objective: 7-5: Know the difference between first- and second-degree murder.
Cognitive Domain: Knowledge
Answer Location: Second-Degree Murder
Difficulty Level: Easy

10. Which of the following is not a basis for aggravated first-degree murder?
a. killing of multiple victims
b. murder for hire
c. killing committed during a misdemeanor
d. killing to prevent a witness from testifying
Ans: C
Learning Objective: 7-4: Understand the characteristics of capital and aggravated first-degree
murder.
Cognitive Domain: Comprehension
Answer Location: Capital and Aggravated First-Degree Murder
Difficulty Level: Easy
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

True/False

1. The mens rea of first-degree murder requires deliberation, premeditation, and malice.
Ans: T
Learning Objective: 7-3: Know the elements of first-degree premeditated murder.
Cognitive Domain: Knowledge
Answer Location: First-Degree Murder
Difficulty Level: Easy

2. The “unlawful killing of a human being” or “causing the death of a person” constitutes the
mens rea of homicide.
Ans: F
Learning Objective: 7-2: Describe the actus reus of homicide.
Cognitive Domain: Comprehension
Answer Location: Actus Reus and Criminal Homicide
Difficulty Level: Easy

3. Malice is implied in cases of depraved heart murder.

Ans: T
Learning Objective: 7-6: List the elements of depraved heart murder.
Cognitive Domain: Knowledge
Answer Location: Depraved Heart Murder
Difficulty Level: Easy

4. According to the common law, a defendant may be guilty of the murder of a fetus in the
mother’s womb.
Ans: F
Learning Objective: 7-10: Know the differing views on when life begins for purposes of
homicide and the legal tests for determining death.
Cognitive Domain: Comprehension
Answer Location: The Beginning of Human Life
Difficulty Level: Easy

5. Most states have adopted a brain death test to determine when brain death occurs.
Ans: T
Learning Objective: 7-10: Know the differing views on when life begins for purposes of
homicide and the legal tests for determining death.
Cognitive Domain: Knowledge
Answer Location: The End of Human Life
Difficulty Level: Easy

6. Voluntary manslaughter recognizes that under certain circumstances, a reasonable person will
be provoked to lose control and kill.
Ans: T
Learning Objective: 7-8: State the elements of voluntary and involuntary manslaughter.
Cognitive Domain: Comprehension
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

Answer Location: Voluntary Manslaughter

Difficulty Level: Easy

7. The agency theory of felony murder limits criminal liability to the acts of felons and co-felons.
Ans: T
Learning Objective: 7-7: 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
Answer Location: Felony Murder
Difficulty Level: Easy

8. Deterrence is a rationale for the felony murder rule.

Ans: T
Learning Objective: 7-7: 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
Answer Location: Felony Murder
Difficulty Level: Easy

9. The Model Penal Code has rejected the common law “born alive” rule.
Ans: F
Learning Objective: 7-10: Know the differing views on when life begins for purposes of
homicide and the legal tests for determining death.
Cognitive Domain: Comprehension
Answer Location: The End of Human Life
Difficulty Level: Easy

10. 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.
Ans: F
Learning Objective: 7-8: State the elements of voluntary and involuntary manslaughter.
Cognitive Domain: Comprehension
Answer Location: Voluntary Manslaughter
Difficulty Level: Easy

Essay
1. What is the difference between first-degree murder and second-degree murder?
Ans: 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.
Learning Objective: 7-5: Know the difference between first- and second-degree murder.
Cognitive Domain: Comprehension
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

Answer Location: First-Degree Murder; Second-Degree Murder

Difficulty Level: Easy

2. Max, Mark, and Matt plotted to rob a bank. Max and Mark would rob the bank while Matt
would be the getaway driver. Upon arriving at the bank, Max and Mark raised their guns, pointed
them at bank employees and customers, and demanded money from the tellers. Meanwhile, a
police officer who was conducting business in the bank confronted Max and Mark to lower their
weapons. When Max and Mark refused to do so, the police officer shot at them, hitting Max and
killing him. Mark fired back, and one of his bullets hit and killed a customer. Analyze this case
under the agency theory and the proximate cause theory of felony murder.
Ans: Under the agency theory, responsibility is limited to the acts of felons and co-felons. Thus,
both Mark and Matt are responsible for the death of the customer. However, because the officer
shot Max, they would not be responsible for his death under the agency theory. Under the
proximate cause theory of felony murder, a felon is liable for all foreseeable deaths committed
during a felony. Thus, Mark and Matt are liable for the deaths of both Max and the customer that
occurred during the robbery.
Learning Objective: 7-7: 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
Answer Location: Felony Murder
Difficulty Level: Medium

3. How are premeditation and deliberation relevant to first-degree murder, and how are they
established?
Ans: The crime of first-degree murder requires both premeditation and deliberation.
Premeditation is established by analyzing whether a defendant’s act was thought out prior to
committing a crime. Deliberation is established by analyzing whether a defendant had the intent
to kill and whether the act was carried out in a cool state of mind.
Learning Objective: 7-3: Know the elements of first-degree premeditated murder.
Cognitive Domain: Comprehension
Answer Location: First-Degree Murder
Difficulty Level: Easy

4. Explain the crime of misdemeanor manslaughter.

Ans: Misdemeanor manslaughter is a form of involuntary manslaughter. Also known as unlawful
act manslaughter, misdemeanor manslaughter is manslaughter that occurs during the commission
of a crime that does not amount to a felony.
Learning Objective: 7-9: Explain misdemeanor manslaughter.
Cognitive Domain: Comprehension
Answer Location: Misdemeanor Manslaughter
Difficulty Level: Easy

5. What is the difference between depraved heart murder and negligent manslaughter?
Ans: Depraved heart murder is the killing of another as a result of the deliberate perpetration of a
knowingly dangerous act with reckless and wanton unconcern and indifference as to whether
 Instructor Resource
Matthew Lippman, Essential Criminal Law, 2e
SAGE Publishing, 2017

anyone is harmed or not. Depraved heart murder implies malice. In contrast, negligent
manslaughter is a form of homicide with less moral culpability. An individual who commits
negligent manslaughter is unaware of the high risk of human injury or death that he or she is
creating by performing an act, but a reasonable person would be aware of the risk. There is no
malice in an act of negligent manslaughter.
Learning Objective: 7-6: List the elements of depraved heart murder; 7-8: State the elements of
voluntary and involuntary manslaughter.
Cognitive Domain: Comprehension
Answer Location: Depraved Heart Murder; Negligent Manslaughter
Difficulty Level: Medium
Another random document with
no related content on Scribd:
Semeiology, General, of Diseases of the Nervous System, v. 19

Seminal Incontinence, iv. 137

Septicæmia and Pyæmia, i. 945

Sewerage and Drainage in their Hygienic Relations, i. 213

Simple Continued Fever, i. 231

Skin, atrophies of, iv. 676

Diseases of, iv. 581

hypertrophies of, iv. 658

 inflammations of, iv. 593

neuroses of, iv. 711

new growths of, iv. 685

parasites of, iv. 715

secretions, disorders of, iv. 583

Sleep and its Disorders, v. 363

Smallpox, i. 434

Somnambulism, v. 371
Speech, Disorders of, v. 566

Spina Bifida, v. 757

Spinal Cord, Chronic Inflammation and Degenerative Affections of, v.

825

disease of one lateral half of, v. 1165

diseases of membranes of, v. 746

embolism, thrombosis, hemorrhage, and abscess of, v. 808

Hyperæmia and Anæmia, v. 763

membranes, congestion of, v. 746

meningeal hemorrhage, v. 754

 meningitis, acute and chronic, v. 749, 752

paralysis, spastic, v. 801

sclerosis, v. 826, 867 869, 873, 886, 892

syphilis, v. 1022

Spine, concussion of, v. 912

Spleen, diseases of, iii. 962

Splenitis, iii. 962

Stammering and stuttering, v. 571

Steatoma, iv. 592

Stomach, anomalies in form and position of, ii. 617

atrophy of, ii. 616

cancer of, ii. 530

cirrhosis of, ii. 611

Dilatation of, ii. 586, 610

functional and inflammatory diseases of, ii. 436

hemorrhage from, ii. 580

minor organic affections of, ii. 611

 non-cancerous tumors of, ii. 578

rupture of, ii. 618

simple ulcer of, ii. 480

ulcers of, other than simple, ii. 529

Stomatitis, ii. 321-348

Stomatorrhagia, ii. 370

Sudamen, iv. 586

Suprarenal Bodies, Diseases of, iii. 939, 949

Sycosis, iv. 649

parasitica, iv. 723

Sympathetic nerve, cervical, diseases of, v. 1263

Symptomatology, general, i. 148

Syphilis cutanea, iv. 699

hereditary, ii. 254

Syphilitic Affections of the Nerve-centres, v. 999

Syphiloderma, iv. 699

T.

Tabes Dorsalis, v. 826

the family form of, v. 870

Tabes Mesenterica, ii. 1182

Tape-worm, ii. 931

Tetanus, v. 544
 neonatorum, v. 563

puerperal, v. 562

Thermic Fever, v. 388

Thomsen's disease, v. 461

Thoracentesis, history of, iii. 586

Thorn-head worms, ii. 949

Thread-worms, ii. 949

Thrombosis, cardiac, iii. 718

and embolism, i. 56

of the cerebral veins and sinuses, v. 982

Thrush, ii. 331

Thyroid gland, diseases of, iii. 974

Tinea favosa, iv. 715

sycosis, iv. 723

versicolor, iv. 724

Tongue, hypertrophy of, ii. 399

inflammation of, ii. 354-368

malignant pustule of, ii. 368

ulceration of, ii. 369

vices and abnormalities of, ii. 348

and mouth, diseases of, ii. 321

Tongue-tie, ii. 349

Tonsils, Diseases of, ii. 379

Torticollis, v. 463
Trachea, Diseases of, iii. 133

Tracheitis, simple and complicated, iii. 133, 136

Tracheotomy, iii. 144

Trematodes or fluke-worms, ii. 946

Tremor, v. 429

Trichinosis, ii. 957

Tricuspid regurgitation, iii. 677

stenosis, iii. 671

Trophic Neuroses, v. 1242, 1266

Tuberculosis, i. 94

acute miliary, iii. 472

Tumors of the Brain and its Envelopes, v. 1028

of the Spinal Cord and its Envelopes, v. 1090

Typhlitis, Perityphlitis, and Paratyphlitis, ii. 814

Typhoid Fever, i. 237

Typho-malarial Fever, i. 614

Typhus Fever, i. 338

 U.

Ureters, diseases of, iv. 67

Urethra, dilatation of, in women, iv. 355

dislocations of, in women, iv. 361

prolapse of, in women, iv. 362

stricture of, in women, iv. 363

Urethral, caruncle, iv. 403

glands, in women, inflammation of, iv. 354

Urethritis in women, iv. 353, 355

Uridrosis, iv. 588

Urinary organs of women, diseases of, iv. 339

Urticaria, iv. 597

Uterine Functions, Disorders of, iv, 182

Uterus, Cancer of, iv. 274

Diseases of Parenchyma of, iv. 447

displacements of, iv. 147

 fibrous tumors of, iv. 245

sarcoma of, iv. 271

V.

Vaccinia, i. 455

Vaccination, i. 465

Vagina, atresia and prolapse of, iv. 376

cicatrices of, iv. 380

Diseases of, iv. 367

 double, iv. 381

growths of, iv. 382

Vaginal cystocele, iv. 377

rectocele and enterocele, iv. 378

Vaginismus, iv. 384

Vaginitis, iv. 368

Varicella, i. 481

Variola, i. 434
Varioloid, i. 443

Vaso-motor Neuroses, v. 1242

Veins, diseases of, iii. 843

Verruca, iv. 664

Vertigo, v. 416

Vitiligo, iv. 677

Vocal cords, paralysis of, iii. 85, 86

Vulva, atresia of, iv. 373

diseases of, iv. 388

Vulvitis, iv. 389

Vulvo-vaginal glands, cysts, and inflammation of, iv. 396

W.

Warts, iv. 664