HOMICIDE REVIEW QUESTIONS
1.
The MPC’s requirements are more favorable for criminal defendants charged with
manslaughter than those of the common law.
T
F
2.
The difference between one form of MPC murder and one form of MPC manslaughter T
is simply one of degree.
F
3.
If a person intentionally fires a gun into a crowded room and someone dies, the
shooter could be convicted of first degree murder.
T
F
4.
Dundee loves his pet alligator. The alligator is so gentle to him that he never
T
even realized that it could hurt another person. However, Dundee is proved wrong
when a neighborhood child wanders into Dundee’s yard and becomes the alligator’s
lunch. Under the Model Penal Code, Dundee should be charged with is manslaughter.
F
5.
The difference between common law murder and voluntary manslaughter is that
the later requires malice aforethought.
T
F
In evaluating the requirements for common law manslaughter, the question of
whether the defendant had adequate time to cool off, is evaluated using the
objective, “reasonable person” test, while the requirement of whether the
defendant was provoked is evaluated using the subjective standard of this
particular defendant’s behavior.
T
F
T
F
6.
7.
Kingsman, holding a lead pipe, walks up to Humpty Dumpty. Intending only
to get his attention, Kingsman taps Humpty on the head with the pipe—
not realizing that Humpty has an eggshell skull. The tap fractures Humpty's skull,
and Humpty dies as a result. Because a lead pipe would be considered a
deadly weapon,” under the deadly weapon rule Kingsman will be liable for
murder.
8.
The “felony murder” rule applies to a homicide committed during the commission
of any felony.
T
F
9.
Jack attempts the armed robbery of Jill. Jill screams, and Jack panics and runs away.
In his rush to escape, he accidentally knocks down an elderly gentleman, causing a
blow to the gentleman's head that results in his death. Jack may be convicted of
felony murder for the death of the elderly gentleman because the killing is not to
remote in time or place to the felony.
T
F
10.
Voluntary manslaughter may serve as the predicate felony for felony murder.
T
F