FYLSX Criminal Law: Homicide 3 — Questions and Answers
Question 1: Premeditation for first-degree murder requires:
- Planning the murder at least 24 hours in advance
- Thinking about the killing before committing it, even if briefly (Correct answer)
- Having a motive to kill
- Obtaining a weapon specifically for the killing
Correct answer: Thinking about the killing before committing it, even if briefly
Premeditation requires only that the defendant consciously decided to kill before acting; it can occur in an instant and does not require extended deliberation.
Question 2: Which element is NOT part of the common law definition of murder?
- Unlawful killing
- Of a human being
- With malice aforethought
- Committed with a deadly weapon (Correct answer)
Correct answer: Committed with a deadly weapon
Common law murder requires unlawful killing of a human being with malice aforethought; use of a deadly weapon is not a required element, though it may be evidence of intent.
Question 3: Under the Model Penal Code, criminal homicide committed 'recklessly under circumstances manifesting extreme indifference to the value of human life' constitutes:
- Negligent homicide
- Manslaughter
- Murder (Correct answer)
- Second-degree murder only
Correct answer: Murder
The MPC classifies reckless killings under extreme indifference as murder, equivalent to common law depraved heart murder.
Question 4: A defendant is charged with murder but claims he acted in imperfect self-defense—honestly but unreasonably believing deadly force was necessary. In jurisdictions recognizing this doctrine, the result is typically:
- Complete acquittal
- Reduction to voluntary manslaughter (Correct answer)
- Reduction to involuntary manslaughter
- No effect on the charge
Correct answer: Reduction to voluntary manslaughter
Imperfect self-defense negates the malice required for murder, reducing the charge to voluntary manslaughter in jurisdictions that recognize it.
Question 5: Which fact pattern is most consistent with 'constructive malice' supporting a murder charge?
- A driver falls asleep and accidentally kills a pedestrian
- A hunter misidentifies a person as a deer and shoots
- A burglar accidentally kills a homeowner while fleeing (Correct answer)
- A surgeon makes a negligent error during an operation
Correct answer: A burglar accidentally kills a homeowner while fleeing
Constructive malice is supplied by the felony murder rule when a killing occurs during commission of a dangerous felony such as burglary.
Question 6: Under common law, which of the following best describes 'gross negligence' as used in involuntary manslaughter?
- Any failure to exercise reasonable care resulting in death
- A conscious disregard of a substantial and unjustifiable risk
- Negligence so egregious it demonstrates a wanton disregard for human life (Correct answer)
- Simple carelessness that a reasonable person would avoid
Correct answer: Negligence so egregious it demonstrates a wanton disregard for human life
Involuntary manslaughter requires more than ordinary negligence—it requires gross negligence, i.e., conduct so reckless or careless it shows a wanton disregard for human life.
Question 7: A defendant shoots at an empty house, not knowing a child is inside, and the child is killed. The defendant is most likely guilty of:
- First-degree murder because he used a deadly weapon
- No crime because he had no intent to kill
- Involuntary manslaughter based on criminal negligence or recklessness (Correct answer)
- Voluntary manslaughter because the act was deliberate
Correct answer: Involuntary manslaughter based on criminal negligence or recklessness
Firing a weapon into a structure without knowing it is occupied can constitute criminal recklessness or negligence, supporting involuntary manslaughter.
FYLSX Criminal Law: Homicide 3
Premeditation for first-degree murder requires: