Major difference in in murder case and manslaughter case

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Reference no: EM133809672

Questions

1. A homicide is a misdemeanor if done with malice

True

False

2. What is the required Malice for 1st degree murder?

Tort

Expressed

Implied

Transferred

3. In order for a killing to qualify as a felonious homicide, the death must occur within ___________ year and a day from the incident.

4. In California, a conviction of murder can be obtained even if the body of the victim was never discovered or found

True

False

5. Which of the below choices is NOT an appropriate sentence for a conviction of first degree with or without Special circumstances?

20 years to life

25 years to life

Life Without Parole

Death Penalty

6. Which type of Malice required for 2nd degree murder?

Malice is not required for 2nd degree murder

Implied

Expressed

Planned

7. What is the recommended sentence for a conviction of 2nd degree murder in a drive-by shooting?

15 years to Life

20 years to life

25 years to life

Life Without Parole

8. All homicides are murders

True

False

9. Two Raider fans are drinking at a bar. The argue about the head coach and that leads to a fist fight. One guys grabs a knife, stabs, and kills the other raider fan. What crime has been committed?

Involuntary manslaughter

Justified Homicide

Murder

Voluntary Manslaughter

10. For a killing to be classified as a Felony Murder case, the killer(s) must have had a plan to kill.

True

False

11. The term "cooling time" is a reference to a dead body investigation in which the body will cool 1.5 degrees per hour until the body reaches the external temperature.

True

False

12. Dr. Conrad Murray was Michael JacKson's doctor. He was at MJ's home and administered a heavy sedative to help MJ sleep. While MJ fell into a deep sleep, he suffered a medical emergency, AND died. Dr. Murray was outside of bedroom and was sexting several women while MJ needed his help, causing his death.

What crime was committed?

Involuntary manslaughter

Voluntary Manslaughter

Murder

None of the above

13. You are driving 37 MPH, late at night in a 35 MPH zone. You are tired from working many hours, but you aren't under the influence of drugs or alcohol, and you aren't texting. A guy riding a bike suddenly crosses the street in front of you. You slam on the brakes, but you strike him. The impact sends him flying, smashing his head, and he dies.

How should this incident be classified?

Group of answer choices

Justfiable homicide

Excusable homicide

Defendable homicide

Vehicular homicide

14. Being "afraid" of an intruder in your home is enough to use dadly force against that person.

True

False

15. Which is the best choice.

What is the usual sentence for a conviction of Involuntary Manslaughter?

4 years

6 years

8 years

16. A juvenile committs a capital crime as a17 year old. He is arrested when he is 19 years old. He is convicted at age 22 of a Felony Murder Rule. He cannot be sentenced to death

True

False

17. Malice is not required in an Excusable homicide

True

False

18. What is the major difference in between a Murder case and a Manslaughter case?

the lack of a weapon

the lack of malice

the lack of evidence

the lack of intelligence

Reference no: EM133809672

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