Chapter 8 Review Answers

1. Define pre-meditated murder.

Premeditated murder is the conscious decision to kill another person after reflecting on the action. Premeditation requires some period of time for reflection. This time period varies from state to state and depends a great deal on the facts of the case.

2. What is the primary distinction between murder in the first degree and murder in the second degree?

Without question the primary distinction between these two crimes is premeditation. Both crimes have identical elements, including malice, but the greater crime or murder in the first degree is based on the element of premeditation, i.e., that the defendant had time to consider his actions and then decided to take another person’s life.

3. How does “specific intent” factor into a consideration of homicide?

Some crimes require that the prosecution prove not only that the defendant acted voluntarily and knowingly, but also acted to commit a particular crime. Specific intent crimes are rare. Most crimes fall under the category of general intent crimes. Murder is a specific intent crime, meaning that the prosecution must prove that the defendant intended to commit the crime of murder at the time of the act. This proof is often based on the circumstances surrounding the crime.

4. Explain motive.

Motive refers to the reasons that a person commits a crime. Motive can involve hatred, lust, or greed. It is not a technical requirement of proof in prosecution, but it can often help explain or frame the defendant’s intent.

5. Define “corpus delicti.”

Corpus delicti refers to the body of proof against the defendant. The state’s entire case showing that the defendant is guilty of the crime is the corpus delicti. In a murder case, this would include the murdered body of the victim. However, there is no requirement that there must first be a body before a murder case can be proven. Many cases have proceeded to trial even when the victim’s body has never been recovered.

6. Explain the Felony-Murder Doctrine.

The Felony-Murder Doctrine is a judicially created philosophy that permits a person who kills another person during the commission of a felony to be tried for murder in the first degree, even when the element of premeditation that is normally required in such a prosecution is missing.

7. What is the difference between voluntary manslaughter and involuntary manslaughter?

In voluntary manslaughter, the defendant has intent, although he or she may lack the specific intent to murder. The defendant’s actions are voluntary. In involuntary manslaughter, the defendant may have killed someone through negligence, rather than by intentional actions.

8. What is the significance of the “cooling-off” period in terms of prosecuting a murder charge?

A “cooling-off” period is an identifiable period of time between the provocation of the defendant and the killing of the victim. This period of time indicates that the defendant could have gotten his or her emotions back under control, but for some reason chose not to. This period permits a person to be charged with murder in the first degree.

9. Explain the difference between assault and battery.

An assault is the apprehension or fear of a harmful or offensive contact, whereas a battery is the actual harmful or offensive contact. Put another way, an assault is an attempted battery. Assault requires that the victim be aware of the attempted contact, whereas battery does not require the victim be aware of the harmful or offensive contact.