FYLSX Criminal Law: Homicide 3

Question 1

Premeditation for first-degree murder requires:

Accepted Answer

Thinking about the killing before committing it, even if briefly

Answer

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?

Accepted Answer

Committed with a deadly weapon

Answer

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:

Accepted Answer

Murder

Answer

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:

Accepted Answer

Reduction to voluntary manslaughter

Answer

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?

Accepted Answer

A burglar accidentally kills a homeowner while fleeing

Answer

Constructive malice is supplied by the felony murder rule when a killing occurs during commission of a dangerous felony such as burglary.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Criminal Law: Homicide 3