LEG 320 Week 6 Quiz Strayer

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Quiz 6 Chapter 10 and 11
CHAPTER 10
HOMICIDE
MULTIPLE CHOICE
1.
a.
b.
c.
d.

2.
a.
b.
c.
d.

3.

Which of the following requirements is included in those generally required

by courts to reduce murder to manslaughter?
there must be adequate provocation
the killing must have been in a heat of passion
there must have been no opportunity to cool off
all of these are included in the requirements for reducing murder to manslaughter.

Which of the following requirements is NOT included in those generally

required by courts to reduce murder to manslaughter?
there must be adequate provocation
the killing must have been in a heat of passion
the killing must not have occurred during another crime
there must be a causal connection between the provocation, the rage or anger, and
the fatal act

a.
b.
c.
d.

The Latin term meaning the body or substance of the crime (proof that a crime
has been committed) is
habeas corpus
corpus collosum
corpus delicti
corpus respondeat

4.
a.
b.
c.
d.

If the body of the murder victim is never found, the defendant

may be held in custody indefinitely
may be convicted based on circumstantial evidence
can never be convicted of murder
may be convicted only of manslaughter

5.
a.
b.
c.
d.

6.

When the body of the deceased is available, but doctors are unable to testify
specifically that the cause of death was due to an unlawful act
jurors may speculate as to cause of death
the defendant is still likely to be convicted of murder
the defendant will likely plead self defense
corpus delicti has not been proved

a.
b.
c.
d.

The U.S. Supreme Court upheld the Oregon Death with Dignity Law because
it reasoned that treating a physician writing a prescription for a mercy killing
as drug abuse was
unreasonable
ridiculous
irresponsible
reasonable

7.
a.
b.
c.
d.

Under the old common law

the killing of a fetus was a capital offense
killing a fetus carried the same penalty as for killing an adult
murder of a newborn required showing it was born alive
murder of a child required the child have lived at least one-year-and-a-day

8.

Which of the following is NOT required under the Oregon Death with Dignity
Law for a person to legally commit suicide?
a patient must be found to be terminally ill and have less than six months to live
patients must have the mental capacity to fully understand the situation that
confronts them
a 15-day waiting period after the patient applies and is found to have qualified for
physician-assisted suicide
a physician must prescribe and administer the drugs to end the patients
life

a.
b.
c.
d.

9.
a.
b.
c.
d.

Under the common law, the killing of a fetus was

not a homicide
feticide
homicide
genocide

10.
a.
b.
c.
d.

11.
a.
b.
c.
d.

At common law, how soon must a victim die after time of the wrongful act for
a homicide conviction?
one year and a day
one year
one month
one day

The doctrine used when the intention to harm one individual inadvertently
causes a second person to be hurt instead is called
transferred intent
manslaughter
voluntary manslaughter
involuntary manslaughter

12.
If a person is killed during the commission of a felony not listed in 1111, it is
a. not murder solely because of the felony committed
b. not murder
c. murder solely because of the felony committed
d. none of these answers is correct

13.
a.
b.
c.
d.

Which of the following is almost never sufficient provocation to reduce a

charge of murder to that of manslaughter?
words and gestures
battery
adultery
trespass

14.
Corpus delicti means the
a. body of the crime
b. scene of the crime
c. essence of the crime
d. victim of the crime

15.
a.
b.
c.
d.

A killer whose gun shot misses the intended victim but kills a bystander can be
convicted of the intentional murder of the bystander by use of the doctrine of
transferred intent
accidental murder
common design
concurrent mens rea

16.
A death at the hands of one who intended to do only serious bodily harm
a. will be prosecuted as a misdemeanor
b. will be prosecuted the same as intentional murder
c. will likely be prosecuted for a lesser degree of murder
d. cannot be prosecuted

17.
Depraved-mind murder
a. includes specific intent to injure or harm
b. is called second-degree murder in some states
c. is always a capital offense
d. is a misdemeanor

18.
a.
b.
c.
d.

A person who kills another during the course of committing a felony, even if
the killing is accidental, is guilty of
depraved heart murder
involuntary manslaughter
felony murder
excusable homicide

19.
Most states have
a. abolished the felony murder rule
b. reduced felony murder to a misdemeanor
c. found felony murder to be unconstitutional
d. retained some form of the felony murder rule

20.
Some states have limited the felony murder rule by requiring that the
a. defendant have intend to kill the victim
b. felony is a dangerous one
c. victim has actively opposed the defendant
d. victim has acted negligently

21.
a.
b.
c.
d.

22.
a.
b.
c.
d.

23.
a.
b.
c.
d.

24.
a.
b.
c.
d.

25.
a.
b.
c.
d.

Today, medical science makes proving the connection between actions and a
resulting death much easier and clearer, so most states have dropped the
year-and-a-day rule
decade-and-a-day rule
month-and-a-day rule
week-and-a-day rule

If it appears the victim may have provoked the killing, the defendant will
likely be charged with
felony murder
manslaughter
first-degree murder
depraved-mind murder

In those states that still have the born alive requirement, a fetus must be born
alive before its death can be
murder
voluntary manslaughter
manslaughter
feticide

The crime commonly charged when the victim causes the defendant to become
enraged to the point of losing normal self-control and killing, is
depraved-mind murder
depraved-heart murder
heat of passion manslaughter
felony murder

Under the doctrine of transferred intent, the intention formed by the

perpetrator of a homicide as to an intended victim is transferred to the
killing of
an unintended victim
a felony victim
the co-defendant
any injured police officer

26.
a.
b.
c.
d.

If there is an interval between the act provoking the killer and the killing, the
jury will consider if there was
an intent to kill
a deadly weapon used
a cooling of the blood
perfect defense

27.
Which of the following DO NOT require proof of intent to kill?
a. involuntary manslaughter
b. reckless homicide
c. second degree murder based on intent to do serious bodily injury
d. none of these required proof of intent to kill

28.
a.
b.
c.
d.

29.
a.
b.
c.
d.

In all states, the death of the victim of a listed felony, and a third person killed
by the felon, constitute
felony murder
involuntary manslaughter
first degree homicide
voluntary manslaughter

When extreme negligence or wanton or reckless conduct on the part of the

defendant brings about an unintended death, the charge will most likely be
depraved-mind murder
capital murder
felony murder
involuntary manslaughter

30.
The State of Oregon has the power to determine what conduct is criminal in
that state
a. unless it contravenes some Federal law
b. no matter what
c. unless it contravenes some other states law
d. none of these answers is correct

TRUE/FALSE
1.
If a murder victims body is never found, the defendant cannot be convicted of
murder.

2.

Under the old common law, the killing of a fetus was not a homicide.

3.

Most states have abrogated the year-and-a-day rule.

4.

Involuntary manslaughter requires proof of intent to kill.

5.

A charge of murder could be reduced to manslaughter if provocation existed to

cause the criminal conduct.

6.

The doctrine of transferred intent allows a murder suspect to escape

punishment if someone other than the intended victim is killed.

7.

Most states still have some form of the felony murder rule.

8.

Felony murder is the appropriate charge when the defendant was provoked
into losing normal self-control resulting in a killing.

9.

The test of the adequacy of provocation in a voluntary manslaughter case is

how a reasonable person would react to the provocation.

10.

The U.S. Supreme Court held that the Death with Dignity Law did not violate
the Federal Controlled Substance Law.

COMPLETION
1.

The term ____________ delicti means the body or substance of a crime.

2.

When the common law year-and-a-day rule is abrogated by a state supreme

court, the court must determine whether to make the abrogation retroactive, or
.

3.

Because most criminal homicide statutes prohibited only the killing of a

person or a human being, these statutes did not include the killing of a
, which was not a person under the common law.

4.

A doctrine used when the intention to harm one individual inadvertently

causes a second person to be hurt instead. The individual causing the harm
will be seen as having intended the act by means of the
intent
doctrine.

5.
Many states divide _____________ into two categories: voluntary and
involuntary.
6.

For the crime to be voluntary manslaughter, the crime must have resulted from
a sufficient or adequate ___________.

7.

The test of the adequacy of provocation in manslaughter cases is determined

by how the average or ____________ person would react under those
circumstances.

8.

Imperfect self-defense can reduce a charge of murder to that of ___________.

9.

Involuntary manslaughter and

intent to kill.

10.

When a person participates in the death of another, the act may constitute the
crime of murder or __________________.

homicide do not require proof of

CHAPTER 11
ASSAULT, BATTERY, AND OTHER CRIMES AGAINST THE PERSON
MULTIPLE CHOICE
1.
a.
b.
c.
d.

In the case of assault, the aggravating factors are usually

use of a firearm
intent to commit a felony
use of a firearm or intent to commit a felony
none of these answers is correct

2.

An assault made more serious by presence of a firearm or as part of intent to

commit a felony is called
aggravated assault
battery
completed assault
assault

a.
b.
c.
d.

3.
A battery that causes serious bodily injury or is committed with a deadly
weapon is called
a. aggravated battery
b. assault
c. completed battery
d. battery

4.
a.
b.
c.
d.

A defense in which the defendant claims the other party was the aggressor and
the defendant acted in self-defense is known as the
aggressor defense
mutual combat defense
reasonable discipline of a child by a parent
necessary conduct defense

5.
a.
b.
c.
d.

What is the name of an unlawful striking or offensive touching?

robbery
aggravated assault
battery
mayhem

6.
a.
b.
c.
d.

Who of the following are required, by law, to report suspected child abuse?
doctors
teachers
nurses
all of these

7.
a.
b.
c.
d.

An assault or battery can occur in a contact sport

if it is not consented to in writing
only if it constitutes a felony
if it is beyond the rules of the game
if the players differ in size

8.
A defense to a charge of unwanted touching or physical contact could be that
the
touching was
a. offensive
b. accidental
c. belligerent
d. disorderly

9.
Under the Model Penal Code, giving someone a fierce look with intent to
frighten
would
a. not amount to a crime
b. be a simple assault
c. constitute the crime of menacing
d. be a battery

10.
a.
b.
c.
d.

The defense to an assault or battery charge that a fight occurred in which all
the parties willingly engaged is known as the
aggressor defense
mutual combat defense
medical care defense
the jostling defense

11.
a.
b.
c.
d.

12.
a.
b.
c.
d.

On the federal level, which of the following crimes would constitute

disablement of the normal functioning of a human body?
affray
jostling
mayhem
disorderly conduct

When seeking to avoid the defenses that the other party was the aggressor or
that mutual combat occurred, police and prosecutors are likely to charge
disorderly conduct
lesser assault
public intoxication
misdemeanor assault

13.
An assault or battery may be a felony offense
a. because of the seriousness of the victims injuries
b. because a dangerous or deadly weapon was used
c. because of the seriousness of the victims injuries, and because a
dangerous or deadly weapon was used
d. though not because of the seriousness of the victims injuries, nor because
a dangerous or deadly weapon was used.

14.
a.
b.
c.
d.

If a victim is intentionally selected because of their race, religion, color,

nationality, etc., the defendant may be charged criminally
with discrimination
with hate crime
abuse
with a violation of constitutional rights

15.
Parents have a legal duty to provide their children with the following
EXCEPT
a. education
b. reasonable physical environment
c. money
d. clothing

16.
a.
b.
c.
d.

The amount of force that parents may reasonably use in controlling their
children is determined in view of
community standards
the childs age and sex
the childs level of education
how the parents were raised

17.
The crime of kidnapping involves unlawfully
a. moving a person
b. assaulting a person
c. battering a person
d. concealing a person

18.
a.
b.
c.
d.

Because kidnapping requires the victim to be moved some distance or a

substantial distance, some states have created the crime of
false imprisonment
abduction
involuntary servitude
hostage taking

19.
All of the following are defenses to a charge of assault or battery except
a. that the other party consented within the rules of the sport being played
b. that it was reasonable discipline of a child by a parent
c. that the conduct was necessary and lawful
d. all of these are defenses to a charge of assault or battery

20.
An individual who unlawfully restrains or detains another may be charged
with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. none of the above

21.
a.
b.
c.
d.

A false imprisonment aggravated by the movement of the victim to another

place constitutes the crime of
false imprisonment
kidnapping
involuntary servitude
none of the above

22.
The primary difference between the offenses of kidnapping and hostage
taking is
a. one is a felony while the other is a misdemeanor
b. there is no difference, the offenses are identical
c. only kidnapping requires forcible movement of the victim
d. only hostage taking was a crime at common law

23.
a.
b.
c.
d.

The use or threat of use of force to restrain or confine a person with the intent
to use the person as a hostage to compel another person to perform some act is
the definition of
hostage taking
kidnapping
battery
assault

24.
In most states parental kidnapping
a. is a civil offense only
b. may be dealt with only as part of a pending divorce case
c. is a misdemeanor
d. is a felony

25.
Under the federal Missing Childrens Assistance Act, parents of missing
children
a. have access to the National Crime Information Centers missing
person files
b. can file kidnapping charges against spouses who kidnap children
c. must be informed of all law enforcement efforts to find the child
d. may sue kidnappers for money damages

26.
a.
b.
c.
d.

27.
a.
b.
c.
d.

28.
a.
b.
c.
d.

In 1996, Congress passed a law that forbids anyone convicted of which of the
following crimes from possessing a firearm?
child abuse
elder abuse
affray
domestic violence

What crime is similar to kidnapping but does not require moving the victim a
substantial distance?
hostage taking
interstate kidnapping
parental taking
hostage kidnapping

The FBI can enter parental kidnapping cases through the Fugitive Felon Act if
which of the following conditions exist?
a state arrest warrant has been issued charging the parent with a felony violation
law enforcement officers have evidence of interstate flight
a specific request for FBI assistance must be made by state authorities, who agree
to extradite and prosecute
all of these answers are correct

29.
An assault conviction requires acts intended to cause
a. bodily injury, or instill fear of such injury
b. fear of bodily injury
c. bodily injury
d. none of these answers is correct

30.
Virtually any kind of physical contact can constitute a
a. battery
b. assault
c. taking hostage
d. kidnapping

TRUE/FALSE
1.

Hostage taking differs from kidnapping in that it lacks a movement element.

2.

A persons hands may be considered deadly or dangerous weapons.

3.

Mandatory reporting laws have been enacted by all states to require doctors,
nurses, teachers, day care workers, and other people coming in contact with
children to report suspected child abuse.

4.

In some jurisdictions, even a touching may be charged as a battery.

5.

Hostage taking is false imprisonment coupled with movement of the victim.

6.

Self-defense and necessity can be defenses to assault.

7.

The common law definition of mayhem is the unlawful and violent depriving
of the victim of full use of any functional member of the body.

8.
Some action on the part of the offender is always required for a conviction of
child abuse.
9.

In all courts, movement of the victim from one room to another is sufficient
movement to justify a kidnapping conviction.

10.

Both kidnapping and false imprisonment require the victim to be moved from
one place to another.

COMPLETION
1.

Included in the crime of

today are (1) an attempt to commit a
battery in which no actual battery or physical injury resulted, and/or (2) an
intentional frightening.

2.

Assault made more serious by presence of a

commit a felony is aggravated assault.

or as part of intent to

3.

In many states the crime of assault also includes

4.
A defendant may argue ___________ combat as a defense to an assault or
battery.
5.

The presence of one or more ___________ factors could result in an assault or

battery being charged as a felony.

6.

_______

7.

The U.S. Supreme Court has ruled that parents and people acting in the place
of parents may use force __________ believed necessary for the childs proper
control, training, or education.

8.

____________ reporting laws require people coming in contact with children

to report suspected child abuse.

9.

The offense of hostage taking may include all of the elements of kidnapping
except __________ of the victim.

is a common defense asserted in assault and battery charges.

10.

Child ___________ is the abduction of a child by one parent without the

consent of the other parent.