FYLSX Criminal Law: Homicide 2

Question 1

Under the common law, 'year and a day' rule, a defendant cannot be convicted of homicide if the victim dies more than a year and a day after the infliction of injury.
What is the primary modern trend regarding this rule?

Accepted Answer

Most states have abolished it due to advances in medical science

Answer

Most states have extended it to two years and a day

Answer

The rule has been codified into the Model Penal Code

Answer

Federal courts have made the rule mandatory

Question 2

Dan discovers his wife in bed with Victor and immediately shoots Victor dead in a heat of passion. Under common law, Dan would most likely be guilty of:

Accepted Answer

Voluntary manslaughter

Answer

First-degree murder

Answer

Second-degree murder

Answer

Involuntary manslaughter

Question 3

What distinguishes 'depraved heart' murder from reckless involuntary manslaughter?

Accepted Answer

Depraved heart involves a higher degree of recklessness showing extreme indifference to human life

Answer

Depraved heart requires intent to kill; manslaughter does not

Answer

Depraved heart requires a felony predicate; manslaughter does not

Answer

Depraved heart applies only to vehicular homicides

Question 4

A woman shoots at a crowd intending to kill one person but accidentally kills a bystander instead. Under the doctrine of transferred intent, she is guilty of:

Accepted Answer

Murder of the bystander

Answer

No homicide because she did not intend to kill the bystander

Answer

Attempted murder only of the intended target

Answer

Only involuntary manslaughter

Question 5

Under the felony murder rule, which of the following felonies would most likely qualify as an inherently dangerous predicate felony?

Accepted Answer

Armed robbery

Answer

Larceny

Answer

False imprisonment

Answer

Receiving stolen property

Question 6

The 'merger doctrine' in felony murder law provides that:

Accepted Answer

A felony that is an integral part of the homicide cannot serve as the predicate for felony murder

Answer

All felonies merge into homicide when death results

Answer

The sentences for felony and murder must be served concurrently

Answer

Felony murder merges into first-degree murder in all states

Question 7

Al and Bob agree to rob a bank. During the robbery, a police officer shoots and kills Carl, an innocent bystander. Under the agency theory of felony murder, are Al and Bob liable for Carl's death?

Accepted Answer

No, because the killing was committed by a third party, not an agent of the felons

Answer

Yes, because any death during a felony makes all co-felons liable

Answer

Yes, because they set the chain of events in motion

Answer

No, because Carl was not the target of the robbery