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Question 1
Elden is a skilled veterinarian who specializes in organ transplants for sick livestock. Elden has a sister who has fallen ill and will die unless she receives a kidney transplant. Elden, who loves his sister dearly, decided to take matters into his own hands. He tells his sister to meet him at his veterinary clinic at midnight and he then disappears. Elden meets his sister at the clinic that night with a homeless man he has lured to his clinic by promising him a free meal. He puts both the man and his sister under and begins the process of transplanting one of the man's kidneys to his sister. Unfortunately, Elden accidentally nicks one of the man's arteries with his scalpel and she dies during the operation. If Elden is charged with murder, he will probably be:
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Correct There are four mental states encompasses by the concept of malice aforethought, one of which is the intent to inflict great bodily injury. If the defendant intended to inflict severe injuries to the victim and, as a result of these injuries, the victim dies, the death is considered to have been inflicted with malice aforethought even if the defendant did not consciously want to cause the victim's death. In this case, although Elden did not intend for the man to die, he did act with the intent of inflicting severe bodily injuries on the man. That being the case, the man's death is considered to have been inflicted with malice aforethought and Elden can be convicted of murder. Thus, D is the correct answer.
Incorrect! There are four mental states encompasses by the concept of malice aforethought, one of which is the intent to inflict great bodily injury. If the defendant intended to inflict severe injuries to the victim and, as a result of these injuries, the victim dies, the death is considered to have been inflicted with malice aforethought even if the defendant did not consciously want to cause the victim's death. In this case, although Elden did not intend for the man to die, he did act with the intent of inflicting severe bodily injuries on the man. That being the case, the man's death is considered to have been inflicted with malice aforethought and Elden can be convicted of murder. Thus, D is the correct answer.
Question 2
Axl and Duff are playing a modified game of Russian roulette. The rules of the game are that Axl spins the gun's chamber and then points the gun at Duff's head and pulls the trigger. Then Duff does the same thing to Axl, and they continue to take turns. After several rounds, Duff takes the gun, spins the chamber, points the gun at Axl's head and pulls the trigger. Unfortunately, Axl's luck runs out and the gun fires, killing him instantly. If Duff is charged with murder, he will probably be:
Correct There are four mental states encompasses by the concept of malice aforethought, one of which is where the defendant has acted with a depraved mind. This is a situation in which the defendant commits an act even though he knows his act runs an unusually high risk of causing death or serious bodily harm to someone else. If the risk of death or bodily harm is great enough, ignoring it demonstrates a depraved mind and the resulting death is considered to have been committed with malice aforethought. Here, Duff ignored the unusually high risks of death involved in playing the game. Therefore, even though he did not intend to hurt Axl, Axl's death is considered to have been committed with malice aforethought and Duff can be convicted of murder. Thus, A is the correct answer.
Incorrect! There are four mental states encompasses by the concept of malice aforethought, one of which is where the defendant has acted with a depraved mind. This is a situation in which the defendant commits an act even though he knows his act runs an unusually high risk of causing death or serious bodily harm to someone else. If the risk of death or bodily harm is great enough, ignoring it demonstrates a depraved mind and the resulting death is considered to have been committed with malice aforethought. Here, Duff ignored the unusually high risks of death involved in playing the game. Therefore, even though he did not intend to hurt Axl, Axl's death is considered to have been committed with malice aforethought and Duff can be convicted of murder. Thus, A is the correct answer.
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Question 3
Axl and Duff are playing a modified game of Russian roulette. The rules of the game are that Axl spins the gun's chamber and then points the gun at Duff's dead and pulls the trigger. Then Duff does the same thing to Axl, and they continue to take turns. They are playing the game with one of Axl's father's specially made handguns. This particular gun has a fifty bullet chamber. As such, Duff believes that the odds are extremely low that anybody will get hurt. After several rounds, Duff takes the gun, spins the chamber, points the gun at Axl's head and pulls the trigger. Unfortunately, Axl's luck runs out and the gun fires, killing him instantly. If Duff is charged with murder, he will probably be:
Correct
Incorrect!
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Incorrect!
Correct The courts use a subjective test in determining the defendant's awareness of the risk that his actions contain. In other words, a defendant will only be convicted of depraved mind murder if he subjectively was aware of the unusually high risk of his actions. If he was not aware of those risks, he cannot be convicted of murder no matter how unreasonable his lack of awareness is. That being the case, since Duff was not aware of the risks involved in his actions, he cannot be convicted of depraved mind murder, no mater how unreasonable his lack of awareness was, and C is the correct answer.
Incorrect! The courts use a subjective test in determining the defendant's awareness of the risk that his actions contain. In other words, a defendant will only be convicted of depraved mind murder if he subjectively was aware of the unusually high risk of his actions. If he was not aware of those risks, he cannot be convicted of murder no matter how unreasonable his lack of awareness is. That being the case, since Duff was not aware of the risks involved in his actions, he cannot be convicted of depraved mind murder, no mater how unreasonable his lack of awareness was, and C is the correct answer.
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Question 4
Roger and Martin are friends who love to compete with each other. As such, they frequently bet on sporting events and other things. One afternoon, they go on a fishing trip and make a $500 bet on who can catch the bigger fish. Roger wins the bet but Martin refuses to pay up. The next day, Roger goes to Martin's house to collect his $500. Martin tells Roger that he will never pay up because he thinks that Roger cheated. Roger is so angry that he pulls out the fillet knife he keeps on him. As he is pulling the knife out, he decides that he is going to kill Martin. Roger then stabs Martin in the throat, killing him instantly. In this case, Rodger can be convicted of:
Correct A premeditated killing, where the defendant formed the intent to kill through a process of reasoning or deliberation, is classified as first degree murder. Premeditation does not require any specific amount of time. In other words, the process of deliberation or reasoning that the defendant uses in deciding to commit the homicide does not have to take very long. In fact, the time between forming the intent to kill and the actual homicidal act can be almost instantaneous. Here, although the time between Roger forming the intent to kill Martin and his act of actually killing him was only a few seconds, it still represents premeditation. Therefore Roger can be convicted of first degree murder and A is the correct answer.
Incorrect! A premeditated killing, where the defendant formed the intent to kill through a process of reasoning or deliberation, is classified as first degree murder. Premeditation does not require any specific amount of time. In other words, the process of deliberation or reasoning that the defendant uses in deciding to commit the homicide does not have to take very long. In fact, the time between forming the intent to kill and the actual homicidal act can be almost instantaneous. Here, although the time between Roger forming the intent to kill Martin and his act of actually killing him was only a few seconds, it still represents premeditation. Therefore Roger can be convicted of first degree murder and A is the correct answer.
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Question 5
One day, Bart decides to rob the local Quickie-Mart. He enters the store but, as he pulls his gun out, the proprietor rings an alarm to alert the police that his store is being robbed. Bart decides to barricade the door in order to keep the police out. He begins pushing one of the large freezer cases toward the door. Unfortunately, the freezer case tips over, falls on the proprietor and crushes him to death. If Bart is charged with felony murder, he will probably be:
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Incorrect!
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Incorrect!
Correct Any killing that a defendant commits, either while committing a certain class of felony or fleeing from the commission of a certain class of felony, is classified as murder. In these cases, the prosecution does not have to prove that the defendant had any intent to commit the killing. Rather, the intent required for the felony will be considered as the intent for the murder as well. That being the case, a killing committed during the commission of, or in flight from the commission of, a felony will be considered murder even if the killing was done accidentally. Here, Bart did not mean to kill the proprietor. However, because the killing took place during the commission of a felony, the intent to commit the felony will attach to the killing and Bart can be convicted of murder. Therefore, C is the correct answer.
Incorrect! Any killing that a defendant commits, either while committing a certain class of felony or fleeing from the commission of a certain class of felony, is classified as murder. In these cases, the prosecution does not have to prove that the defendant had any intent to commit the killing. Rather, the intent required for the felony will be considered as the intent for the murder as well. That being the case, a killing committed during the commission of, or in flight from the commission of, a felony will be considered murder even if the killing was done accidentally. Here, Bart did not mean to kill the proprietor. However, because the killing took place during the commission of a felony, the intent to commit the felony will attach to the killing and Bart can be convicted of murder. Therefore, C is the correct answer.
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Question 6
Jessie and Billy put together a plan to rob the First National Bank of Wyoming. As they are walking down to the vault with the bank manager, the manager trips and falls down a flight of stairs. The fall fractures the manager's scull and he dies a few days later. If Billy and Jessie are charged with Felony Murder, they will probably be:
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Correct Many jurisdictions will convict for felony murder only if the death of the victim was a foreseeable result of the felony. Here, the manager's death was not a foreseeable result of the felony. That being the case, even though foreseeability is usually liberally construed, Jessie and Billy will be acquitted and D is the correct answer.
Incorrect! Many jurisdictions will convict for felony murder only if the death of the victim was a foreseeable result of the felony. Here, the manager's death was not a foreseeable result of the felony. That being the case, even though foreseeability is usually liberally construed, Jessie and Billy will be acquitted and D is the correct answer.
Question 7
Billy and Jessie have successfully run an insurance scam for the last six years, in which they have cheated people out of several million dollars. The FBI has finally caught on to them and they arrange to arrest Jessie and Billy at their office. When Jessie and Billy see the Federal officers, they begin to run. As Jessie is running from the office, he bumps into an intern from a neighboring office and knocks her down a flight of stairs. The intern breaks her neck in the fall and dies soon afterwards. If Jessie and Billy are charged with felony murder they will probably be:
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Correct In order for felony murder to attach, the predicate felony that resulted in the death must be dangerous. The felonies that are usually considered dangerous enough so that felony murder will attach are the BRAKES felonies which include burglary, robbery, arson, kidnapping, escape and sex crimes. Here, Jessie and Billy were committing a felony. However, it was not a dangerous felony. That being the case, any death that they caused as a result of the felony or in fleeing from the felony will not warrant a felony murder conviction. Therefore, they will be convicted and D is the correct answer.
Incorrect! In order for felony murder to attach, the predicate felony that resulted in the death must be dangerous. The felonies that are usually considered dangerous enough so that felony murder will attach are the BRAKES felonies which include burglary, robbery, arson, kidnapping, escape and sex crimes. Here, Jessie and Billy were committing a felony. However, it was not a dangerous felony. That being the case, any death that they caused as a result of the felony or in fleeing from the felony will not warrant a felony murder conviction. Therefore, they will be convicted and D is the correct answer.
Question 8
Billy and Jessie are at a club one night where they are both trying to attract the same girl. Things get heated between the two and Jessie challenges Billy to a fight. They go outside where Billy proceeds to beat Jessie within an inch of his life. Jessie is taken to the hospital where he dies of his injuries several days later. If Billy is charged with felony murder, he will probably be:
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Incorrect!
Correct Most courts will only apply the felony murder rule if the predicate felony is independent of the killing. If, however, the predicate felony merges into the killing like, for example, assault or battery, the felony murder rule will not apply. Since Billy's assault on Jessie merged into the killing, he cannot be charged with felony murder for Jessie's death. Therefore, B is the correct answer.
Incorrect! Most courts will only apply the felony murder rule if the predicate felony is independent of the killing. If, however, the predicate felony merges into the killing like, for example, assault or battery, the felony murder rule will not apply. Since Billy's assault on Jessie merged into the killing, he cannot be charged with felony murder for Jessie's death. Therefore, B is the correct answer.
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Question 9
Bruno puts together a plan to steal a valuable painting from the New York Metropolitan Museum of Art and then sell it back to the museum for a ransom. His plan is to take the painting back to a secret hiding place, hide for a few days and then proceed over the boarder where he will then make contact with the museum. Bruno successfully steals the painting and makes it back to his hideout. After a few days, he begins to make his way to the border. Unfortunately, as he is driving to the border, he loses control of his car and crashes into another vehicle. The driver of the second car is killed in the accident. Because of the accident, Bruno is caught and prosecuted for the theft and for felony murder. In this case, he will be convicted for the felony murder along with the theft:
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Incorrect!
Correct Felony murder will only attach if someone is killed as the result of the commission of a felony or in immediate flight from the felony. In these situations, immediate flight is considered the flight from the felony to a place of temporary safety. Once the felons reach a place of temporary safety, the felony is considered completed and any death that they cause after that is not considered felony murder. In this case, Bruno has reached a place of temporary safety and it was only after leaving that place of temporary safety that he killed the driver. Therefore, he cannot be convicted of felony murder and FALSE is the correct answer.
Incorrect! Felony murder will only attach if someone is killed as the result of the commission of a felony or in immediate flight from the felony. In these situations, immediate flight is considered the flight from the felony to a place of temporary safety. Once the felons reach a place of temporary safety, the felony is considered completed and any death that they cause after that is not considered felony murder. In this case, Bruno has reached a place of temporary safety and it was only after leaving that place of temporary safety that he killed the driver. Therefore, he cannot be convicted of felony murder and FALSE is the correct answer.