9.Killing in the heat of passion after adequate provocation is voluntary manslau
ID: 3487080 • Letter: 9
Question
9.Killing in the heat of passion after adequate provocation is voluntary manslaughter.
a.True
b.False
10.Involuntary manslaughter may be committed by unlawful act or through culpable negligence.
a.True
b.False
11.The Model Penal Code does not criminalize the actions of one who causes or aids another in committing suicide.
a.True
b.False
12.At common law, a man could not be charged with raping his wife. a. True
b. False
13.At common law, a male could not be raped.
a.True
b.False
14.Carnal knowledge is today called seduction.
a.True
b.False
15.A person cannot be prosecuted for forcible rape of a dead person. a. True
b. False
16.Robbery is a specific intent crime.
a.True
b.False
17.The crime of robbery is complete even though no property is taken as long as force or threat of force was used.
a.True
b.False
Explanation / Answer
9. True. In order for heat of passion to be voluntary manslaughter, the defendant must have acted under the direct and immediate influence of provocation. Although, there is no specific type of provocation required, it must be suffiencient and adequate. It is not enough to say that the defendant was simply provoked, as slight or remote provocation is insufficient.
10. True. Most unintentional killings are termed as involuntary manslaughter, where there is an absense of intent. In most cases, it occurs as aresult of committing an act that is unlawful, but not felonious. Some jurisdictions also decribe the amount of negligence necessary to constitute manslaughter, where more than ordinary negligence is required.
11. False. the Moral Penal Code states that a person who purposely aids or solicits another to commit suicide is guilty of a felony of the second degree if his conduct causes such suicide or an attempted suicide.
12. False. Many common law countries have legislatively abolished the marital rape immunity and it is now thus considered a crime.
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