Criminal Law Keyed to Kadishback
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First-degree murder is defined by a state statute as “murder with premeditation and deliberation.”
In which of the following situations is it most likely that the defendant will be convicted of first-degree murder?CorrectIncorrect
The defendant, an Olympic skier, wanted to neutralize his opponent. The defendant altered the opponent’s ski bindings so that they would not release upon impact. Ski bindings are adjusted to release the skier’s boots in a bad fall in order to mitigate any injury. The defendant hoped his alteration would cause the opponent severe leg injuries and keep the opponent from competing. The opponent fell during a practice run and broke both his legs when his skis didn’t come off. The pain was so severe that the opponent went into shock and died.
Of the following offenses, which is the most serious crime of which the defendant could be convicted?CorrectIncorrect
A husband loved his wife despite her infidelity. The wife had been having an affair with her lover for the past two years. Blood tests confirmed that the lover was the father of the wife’s soon-to-be born baby. The husband tried everything he could think of to win back his wife’s love and attention, but she continued her affair with her lover. Finally, out of desperation, and with the hope of shocking his wife, the husband filed for divorce. The wife wanted to remain married to her husband and said she would contest the divorce, but still continued to see her lover. While the divorce action was pending the husband and the wife continued to share the same house. The husband took their eight-year-old twin sons to their Little League game on a beautiful Sunday afternoon. The opposing team didn’t show up, and the game was canceled. The husband and the boys returned to the house to find the wife and her lover together in the brand new Jacuzzi the husband had built for the wife’s last birthday. The husband, usually quiet and relaxed, became enraged, grabbed one of the boy’s bats, and slammed his wife in the abdomen with tremendous force. Two months later, in the middle of her seventh month of pregnancy, the wife’s child was stillborn. Based on testimony by several physicians, the jury concluded that the stillbirth was due to subdural hemorrhaging and other complications arising from a skull fracture caused by the impact of the husband’s bat. The testimony also revealed that the premature birth was unrelated to the husband’s beating. An epidemiologist testified that a baby born in the seventh month has a 98 percent chance of surviving.
The husband should be found guilty of:CorrectIncorrect
A grandson could not stand to watch his grandmother suffer from terminal cancer, so he decided to kill her to relieve her pain. The grandson carried his grandmother out of the hospital cancer ward and drove her to the nearest beach, eight hours away. While the grandson and the grandmother were driving, a flash fire killed all the patients in the hospital cancer ward. The grandson rented a sailboat, went out to sea, and threw the grandmother overboard. She quickly drowned.
If charged with criminal homicide, should the grandson be found guilty?CorrectIncorrect