Homicide Practice Questions and Answers 2023 with
complete solution
A car ran into a crowd of pedestrians moments after the driver had a seizure behind the
wheel. Several people were killed. The driver was charged with murder in a state that
has enacted a criminal code based on the modern common law. What additional fact, if
true, would be most helpful to the prosecution?
a. The driver had a history of occasional seizures.
b. The driver was aware that cars can be very dangerous.
c. The driver had just stolen the car at gunpoint (a separate felony).
d. The driver did not care that several people were killed.
c. The driver had just stolen the car at gunpoint (a separate felony).
Knowledge of occasional seizures may make the driver negligent, but it probably does
not rise to the level of extreme recklessness required for a murder conviction. Under the
modern common law, a killing done while committing a different felony is murder.
Because stealing cars at gunpoint is a felony, this fact is likely to be very helpful to the
prosecution.
Quimbee - Murder Quiz
A murder trial took place in a state that has enacted the Model Penal Code. The victim
was poisoned, and it is not disputed that the defendant put the poison in the victim's
food. Under which of the following circumstances would it nevertheless be proper for the
jury to acquit the defendant?
a. The jury believed that the defendant was uncertain whether the poison would work on
the victim.
b. The jury believed that the defendant poisoned the victim on the spur of the moment,
without any prior planning.
c. The jury believed that the defendant only intended to maim the victim.
d. The jury believed that the defendant was unaware that the substance was poison.
d.The jury believed that the defendant was unaware that the substance was poison.
The Model Penal Code defines murder as a killing done with purpose, knowledge, or
recklessness, with recklessness being defined as the conscious disregard for a known
risk that the actor's conduct will result in someone's death.
MPC does not employ the concept of premeditation
Quimbee - Murder Quiz
While driving on a highway, a prankster spontaneously discharged a firearm out of the
car's window and into the air, intending to scare nearby motorists. One of the
prankster's rounds entered a nearby car's passenger compartment, killing an occupant.
Under the Model Penal Code (MPC), could the prankster's act satisfy the requirements
for murder?
a. No, because the prankster acted spontaneously.
b. No, because the prankster did not intend to kill the victim.
,c. Yes, because the prankster's act required premeditation.
d. Yes, because the prankster acted with reckless indifference to human life.
d. Yes, because the prankster acted with reckless indifference to human life.
Quimbee - Murder Quiz
A defendant was charged with common-law murder after allegedly killing her sister.
Which of the following facts, if true, would most support a finding that the defendant
acted with premeditation?
a. The sister died from poisoning.
b. The sister died from manual strangulation.
c. The sister died from a single gunshot wound.
d. The sister died from injuries sustained in a fall.
a. The sister died from poisoning.
Quimbee - Murder Quiz
A defendant was accused of common-law murder after allegedly stabbing a victim.
Which of the following considerations is NOT relevant to whether the defendant acted
with malice?
a. Whether the defendant intended to commit a felony other than a killing.
b. Whether the defendant intended to kill the victim.
c. Whether the defendant knew that the defendant's conduct would likely result in
grievous bodily injury.
d. Whether the defendant's conduct was premeditated.
d. Whether the defendant's conduct was premeditated.
The common law has evolved to define malice as: (1) an intent to kill or to cause
grievous bodily harm, (2) knowledge that death or grievous bodily harm is likely, or (3)
an intent to commit a felony other than killing. Premeditation, on the other hand, is a
subset of the concept of aforethought, not malice.
Quimbee - Murder Quiz
A wife phoned her husband and told him that she was leaving him for another man with
whom she had been having an affair and that she would be coming home later that day
to pick up some of her belongings. The wife told her husband that it would be easiest for
both of them if he were not there when she arrived. The husband agreed. However,
when the wife arrived at their house, the husband was home. The wife went in to their
bedroom, where the husband was waiting for her. The husband grabbed the wife and
manually strangled her until she lost consciousness. The wife died as a result of the
attack. Which of the following facts, if true, would be insufficient to support a finding that
the husband committed voluntary manslaughter?
a. That the wife's affair adequately provoked the husband.
b. That the husband acted in the heat of passion.
c. That the husband did not have a cooling-off period.
d. That there was a causal connection between the provocation and the killing.
d. That there was a causal connection between the provocation and the killing.
, Under the common law, in order for an intentional killing to qualify as voluntary
manslaughter rather than murder, the defendant must have acted suddenly in a heat of
passion after adequate provocation. Once adequately provoked, the defendant must act
immediately, without any cooling-off time. In addition to adequate provocation and
immediate action, common-law voluntary manslaughter requires that there be a causal
connection between the provocation, the sudden passion, and the killing. Therefore, a
causal connection only between the provocation and the killing would be insufficient to
support a finding that the husband committed voluntary manslaughter.
Quimbee - Manslaughter Quiz
A defendant learned that his roommate had hacked into the defendant's bank account
and stolen $10,000. The defendant confronted the roommate, who berated the
defendant for being a "spoiled trust-fund brat" who did not need the money anyway. The
defendant responded by picking up a table lamp and striking the roommate over the
head, killing him instantly. Which of the following considerations would be relevant to
determining whether the defendant committed manslaughter under the Model Penal
Code (MPC)?
a. Whether the defendant had an adequate cooling-off period.
b. Whether the defendant's actions were a result of an extreme emotional disturbance.
c. Whether the roommate's words provoked the defendant.
d. Whether the roommate's theft provoked the defendant.
b. Whether the defendant's actions were a result of an extreme emotional disturbance.
Under the MPC, manslaughter is a criminal homicide committed (1) recklessly and
without circumstances manifesting extreme indifference to the value of human life, or (2)
under the influence of extreme mental or emotional disturbance, provided that there is a
reasonable explanation for the disturbance. See Model Penal Code § 210.3. Unlike the
common law, the MPC does not require either the lack of a cooling-off period or
provocation. Therefore, whether the defendant's actions were a result of an extreme
emotional disturbance is the only relevant consideration among the answer options.
Quimbee - Manslaughter Quiz
A licensed commercial trucker fell asleep while driving, causing his rig to swerve off the
highway and onto the shoulder, where it crashed into a disabled vehicle that was
undergoing roadside repairs. The repair technician was killed instantly. The trucker had
been driving for more than 24 consecutive hours, in violation of U.S. Department of
Transportation (DOT) regulations that limited commercial drivers to 11 hours of
consecutive driving, after which drivers were required to take a 10-hour break. In order
to obtain a trucker's license, commercial drivers had to pass an examination
demonstrating their knowledge of the DOT regulations and the risks associated with
driving in violation of them. Under the Model Penal Code (MPC), what is the most likely
crime for which the trucker could be convicted?
a. Voluntary manslaughter.
b. Involuntary manslaughter.
c. Reckless homicide.
d. Extreme emotional or mental disturbance homicide.
complete solution
A car ran into a crowd of pedestrians moments after the driver had a seizure behind the
wheel. Several people were killed. The driver was charged with murder in a state that
has enacted a criminal code based on the modern common law. What additional fact, if
true, would be most helpful to the prosecution?
a. The driver had a history of occasional seizures.
b. The driver was aware that cars can be very dangerous.
c. The driver had just stolen the car at gunpoint (a separate felony).
d. The driver did not care that several people were killed.
c. The driver had just stolen the car at gunpoint (a separate felony).
Knowledge of occasional seizures may make the driver negligent, but it probably does
not rise to the level of extreme recklessness required for a murder conviction. Under the
modern common law, a killing done while committing a different felony is murder.
Because stealing cars at gunpoint is a felony, this fact is likely to be very helpful to the
prosecution.
Quimbee - Murder Quiz
A murder trial took place in a state that has enacted the Model Penal Code. The victim
was poisoned, and it is not disputed that the defendant put the poison in the victim's
food. Under which of the following circumstances would it nevertheless be proper for the
jury to acquit the defendant?
a. The jury believed that the defendant was uncertain whether the poison would work on
the victim.
b. The jury believed that the defendant poisoned the victim on the spur of the moment,
without any prior planning.
c. The jury believed that the defendant only intended to maim the victim.
d. The jury believed that the defendant was unaware that the substance was poison.
d.The jury believed that the defendant was unaware that the substance was poison.
The Model Penal Code defines murder as a killing done with purpose, knowledge, or
recklessness, with recklessness being defined as the conscious disregard for a known
risk that the actor's conduct will result in someone's death.
MPC does not employ the concept of premeditation
Quimbee - Murder Quiz
While driving on a highway, a prankster spontaneously discharged a firearm out of the
car's window and into the air, intending to scare nearby motorists. One of the
prankster's rounds entered a nearby car's passenger compartment, killing an occupant.
Under the Model Penal Code (MPC), could the prankster's act satisfy the requirements
for murder?
a. No, because the prankster acted spontaneously.
b. No, because the prankster did not intend to kill the victim.
,c. Yes, because the prankster's act required premeditation.
d. Yes, because the prankster acted with reckless indifference to human life.
d. Yes, because the prankster acted with reckless indifference to human life.
Quimbee - Murder Quiz
A defendant was charged with common-law murder after allegedly killing her sister.
Which of the following facts, if true, would most support a finding that the defendant
acted with premeditation?
a. The sister died from poisoning.
b. The sister died from manual strangulation.
c. The sister died from a single gunshot wound.
d. The sister died from injuries sustained in a fall.
a. The sister died from poisoning.
Quimbee - Murder Quiz
A defendant was accused of common-law murder after allegedly stabbing a victim.
Which of the following considerations is NOT relevant to whether the defendant acted
with malice?
a. Whether the defendant intended to commit a felony other than a killing.
b. Whether the defendant intended to kill the victim.
c. Whether the defendant knew that the defendant's conduct would likely result in
grievous bodily injury.
d. Whether the defendant's conduct was premeditated.
d. Whether the defendant's conduct was premeditated.
The common law has evolved to define malice as: (1) an intent to kill or to cause
grievous bodily harm, (2) knowledge that death or grievous bodily harm is likely, or (3)
an intent to commit a felony other than killing. Premeditation, on the other hand, is a
subset of the concept of aforethought, not malice.
Quimbee - Murder Quiz
A wife phoned her husband and told him that she was leaving him for another man with
whom she had been having an affair and that she would be coming home later that day
to pick up some of her belongings. The wife told her husband that it would be easiest for
both of them if he were not there when she arrived. The husband agreed. However,
when the wife arrived at their house, the husband was home. The wife went in to their
bedroom, where the husband was waiting for her. The husband grabbed the wife and
manually strangled her until she lost consciousness. The wife died as a result of the
attack. Which of the following facts, if true, would be insufficient to support a finding that
the husband committed voluntary manslaughter?
a. That the wife's affair adequately provoked the husband.
b. That the husband acted in the heat of passion.
c. That the husband did not have a cooling-off period.
d. That there was a causal connection between the provocation and the killing.
d. That there was a causal connection between the provocation and the killing.
, Under the common law, in order for an intentional killing to qualify as voluntary
manslaughter rather than murder, the defendant must have acted suddenly in a heat of
passion after adequate provocation. Once adequately provoked, the defendant must act
immediately, without any cooling-off time. In addition to adequate provocation and
immediate action, common-law voluntary manslaughter requires that there be a causal
connection between the provocation, the sudden passion, and the killing. Therefore, a
causal connection only between the provocation and the killing would be insufficient to
support a finding that the husband committed voluntary manslaughter.
Quimbee - Manslaughter Quiz
A defendant learned that his roommate had hacked into the defendant's bank account
and stolen $10,000. The defendant confronted the roommate, who berated the
defendant for being a "spoiled trust-fund brat" who did not need the money anyway. The
defendant responded by picking up a table lamp and striking the roommate over the
head, killing him instantly. Which of the following considerations would be relevant to
determining whether the defendant committed manslaughter under the Model Penal
Code (MPC)?
a. Whether the defendant had an adequate cooling-off period.
b. Whether the defendant's actions were a result of an extreme emotional disturbance.
c. Whether the roommate's words provoked the defendant.
d. Whether the roommate's theft provoked the defendant.
b. Whether the defendant's actions were a result of an extreme emotional disturbance.
Under the MPC, manslaughter is a criminal homicide committed (1) recklessly and
without circumstances manifesting extreme indifference to the value of human life, or (2)
under the influence of extreme mental or emotional disturbance, provided that there is a
reasonable explanation for the disturbance. See Model Penal Code § 210.3. Unlike the
common law, the MPC does not require either the lack of a cooling-off period or
provocation. Therefore, whether the defendant's actions were a result of an extreme
emotional disturbance is the only relevant consideration among the answer options.
Quimbee - Manslaughter Quiz
A licensed commercial trucker fell asleep while driving, causing his rig to swerve off the
highway and onto the shoulder, where it crashed into a disabled vehicle that was
undergoing roadside repairs. The repair technician was killed instantly. The trucker had
been driving for more than 24 consecutive hours, in violation of U.S. Department of
Transportation (DOT) regulations that limited commercial drivers to 11 hours of
consecutive driving, after which drivers were required to take a 10-hour break. In order
to obtain a trucker's license, commercial drivers had to pass an examination
demonstrating their knowledge of the DOT regulations and the risks associated with
driving in violation of them. Under the Model Penal Code (MPC), what is the most likely
crime for which the trucker could be convicted?
a. Voluntary manslaughter.
b. Involuntary manslaughter.
c. Reckless homicide.
d. Extreme emotional or mental disturbance homicide.
