FYLSX Criminal Law: Homicide 5

Question 1

Under the FYLSX/Baby Bar, when analyzing a homicide fact pattern, what is the correct order of analysis?

Accepted Answer

Identify the killing, determine malice, check for mitigating factors, and classify the degree

Answer

Proper homicide analysis proceeds by confirming an unlawful killing, identifying the type of malice or mental state, checking for mitigating factors (heat of passion), and then classifying the degree.

Question 2

A terminally ill patient asks her doctor to administer a lethal dose of medication to end her suffering, and the doctor complies. Under traditional common law homicide rules, the doctor is most likely guilty of:

Accepted Answer

Murder, because consent is not a defense to homicide

Answer

At common law, the victim's consent is not a defense to homicide; intentionally administering a lethal dose with knowledge it will cause death constitutes murder.

Question 3

A defendant is convicted of felony murder predicated on robbery. The robbery and murder charges are tried together. Which of the following is most accurate?

Accepted Answer

The defendant can be convicted and punished separately for both robbery and felony murder

Answer

Under the Blockburger test, robbery and felony murder are separate offenses each requiring proof of different elements, so separate convictions and punishments are permissible.

Question 4

Which scenario would most likely defeat a heat of passion defense because the provocation is legally insufficient?

Accepted Answer

A defendant is told second-hand that someone insulted his honor

Answer

Words alone—including secondhand insults or verbal provocations—are generally legally insufficient to constitute adequate provocation for heat of passion.

Question 5

Under the Model Penal Code, a person who causes the death of another person 'negligently' is guilty of:

Accepted Answer

Negligent homicide

Answer

The MPC creates a separate grade of criminal homicide—negligent homicide—for deaths caused by criminal negligence, which is a lower culpability level than recklessness.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Criminal Law: Homicide 5