Q&A Hero

Q: The amount of force that parents may reasonably use in controlling their children is determined in view of a. community standards b. the child's age and sex c. the child's level of education d. how the parents were raised

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

Q: If a victim is intentionally selected because of their race, religion, color, nationality, etc., the defendant may be charged criminally a. with discrimination b. with hate crime c. abuse d. with a violation of constitutional rights

Q: An assault or battery may be a felony offensea. because of the seriousness of the victim's injuriesb. because a dangerous or deadly weapon was usedc. because of the seriousness of the victim's injuries, and because a dangerous or deadly weapon was usedd. though not because of the seriousness of the victim's injuries, nor because a dangerous or deadly weapon was used.

Q: 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 a. disorderly conduct b. lesser assault c. public intoxication d. misdemeanor assault

Q: On the federal level, which of the following crimes would constitute disablement of the normal functioning of a human body?a. affray b. jostling c. mayhemd. disorderly conduct

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

Q: 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

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

Q: An assault or battery can occur in a contact sport a. if it is not consented to in writing b. only if it constitutes a felony c. if it is beyond the rules of the game d. if the players differ in size

Q: Who of the following are required, by law, to report suspected child abuse?a. doctors b. teachers c. nursesd. All of these choices

Q: What is the name of an unlawful striking or offensive touching? a. robbery b. aggravated assault c. battery d. mayhem

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

Q: 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

Q: An assault made more serious by presence of a firearm or as part of intent to commit a felony is called a. aggravated assault b. battery c. completed assault d. assault

Q: In the case of assault, the aggravating factors are usually a. use of a firearm b. intent to commit a felony c. use of a firearm or intent to commit a felony d. none of these answers is correct

Q: Both kidnapping and false imprisonment require the victim to be moved from one place to another. a. True b. False

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

Q: Some action on the part of the offender is always required for a conviction of child abuse. a. True b. False

Q: 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. a. True b. False

Q: Self-defense and necessity can be defenses to assault. a. True b. False

Q: Hostage taking is false imprisonment coupled with movement of the victim. a. True b. False

Q: In some jurisdictions, even a touching may be charged as a battery. a. True b. False

Q: 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. a. True b. False

Q: A person's hands may be considered deadly or dangerous weapons. a. True b. False

Q: Hostage taking differs from kidnapping in that it lacks a "movement" element. a. True b. False

Q: What is heat of passion manslaughter? What are its requirements?

Q: Define, compare, and contrast the crimes of voluntary and involuntary manslaughter. Provide an example of each.

Q: Explain the origin of the felony murder rule and what the rule states. In states that have the rule, what limitations have been imposed?

Q: To reduce murder to manslaughter, courts generally hold that what four requirements be met?

Q: What homicides do not require proof of intent to kill? Explain why.

Q: What is the year-and-a-day rule for the crime of murder? Why and how have some states made significant changes to that rule?

Q: Define the "born alive" requirement in common law murder and how feticide statutes change the common law.

Q: What is meant by "corpus delicti?" Explain how a defendant may be prosecuted for murder when the victim's body has not been found.

Q: Explain the doctrine of transferred intent. What crimes does it apply to? Why is it important?

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

Q: Involuntary manslaughter and homicide do not require proof of intent to kill.

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

Q: The test of the adequacy of provocation in manslaughter cases is determined by how the average or person would react under those circumstances.

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

Q: Many states divide into two categories: voluntary and involuntary.

Q: 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.

Q: 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.

Q: 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

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

Q: The U.S. Supreme Court held that the Death with Dignity Law did not violate the Federal Controlled Substance Law.a. Trueb. False

Q: The test of the adequacy of provocation in a voluntary manslaughter case is how a reasonable person would react to the provocation. a. True b. False

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

Q: Most states still have some form of the felony murder rule. a. True b. False

Q: The doctrine of transferred intent allows a murder suspect to escape punishment if someone other than the intended victim is killed. a. True b. False

Q: A charge of murder could be reduced to manslaughter if provocation existed to cause the criminal conduct. a. True b. False

Q: Involuntary manslaughter requires proof of intent to kill. a. True b. False

Q: Most states have abrogated the year-and-a-day rule. a. True b. False

Q: Under the old common law, the killing of a fetus was not a homicide. a. True b. False

Q: If a murder victim's body is never found, the defendant cannot be convicted of murder. a. True b. False

Q: 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

Q: 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 a. depraved-mind murder b. capital murder c. felony murder d. involuntary manslaughter

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

Q: 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

Q: If there is an interval between the act provoking the killer and the killing, the jury will consider if there wasa. an intent to killb. a deadly weapon used c. a cooling of the blood d. perfect defense

Q: 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 ofa. an unintended victimb. a felony victimc. the co-defendantd. any injured police officer

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

Q: In those states that still have the born alive requirement, a fetus must be born "alive" before its death can be a. murder b. voluntary manslaughter c. manslaughter d. feticide

Q: If it appears the victim may have provoked the killing, the defendant will likely be charged with a. felony murder b. manslaughter c. first-degree murder d. depraved-mind murder

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

Q: 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

Q: 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

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

Q: 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

Q: 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

Q: 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 ofa. transferred intent b. accidental murder c. common designd. concurrent mensrea

Q: Corpusdelictimeans the a. body of the crime b. scene of the crime c. essence of the crime d. victim of the crime

Q: Which of the following is almost never sufficient provocation to reduce a charge of murder to that of manslaughter?a. words and gesturesb. battery c. adultery d. trespass

Q: 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

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

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

Q: Under the common law, the killing of a fetus was a. not a homicide b. feticide c. homicide d. genocide

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

Q: Under the old common law a. the killing of a fetus was a capital offense b. killing a fetus carried the same penalty as for killing an adult c. murder of a newborn required showing it was born alive d. murder of a child required the child have lived at least one-year-and-a-day

Q: 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" wasa. unreasonableb. ridiculousc. irresponsibled. reasonable