Homicide
This trap appears as a wrong-answer choice in 3 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL3
Example wrong choices
19633_lydda_safety_homicide · CRIMINAL · Choice AYes, because robbery is classified as an inherently dangerous felony capable of supporting a murder charge.
Why it's attractive
Incorrect because a qualifying felony is necessary but not sufficient; the death must also occur during the felony.
Why it's wrong
Incorrect because a qualifying felony is necessary but not sufficient; the death must also occur during the felony.
19633_lydda_safety_homicide · CRIMINAL · Choice BNo, because the felony murder rule is generally inapplicable when the deceased party is a co-participant in the underlying crime.
Why it's attractive
Incorrect because the killing of a co-felon can support felony murder if it occurs during the course of the felony.
Why it's wrong
Incorrect because the killing of a co-felon can support felony murder if it occurs during the course of the felony.
19633_lydda_safety_homicide · CRIMINAL · Choice DYes, because the fatal dispute would not have occurred but for the original commission of the robbery.
Why it's attractive
Incorrect because felony murder requires the death to occur in the course of the felony, not just have a 'but-for' connection.
Why it's wrong
Incorrect because felony murder requires the death to occur in the course of the felony, not just have a 'but-for' connection.
19864_vineyard_malice · CRIMINAL · Choice AVoluntary manslaughter, because Silas was acting under the heat of passion caused by the destruction of his livelihood.
Why it's attractive
Incorrect because property damage is not legally adequate provocation to reduce murder to manslaughter.
Why it's wrong
Incorrect because property damage is not legally adequate provocation to reduce murder to manslaughter.
19864_vineyard_malice · CRIMINAL · Choice CInvoluntary manslaughter, because Silas expressly disclaimed any intent to kill Malchus.
Why it's attractive
Incorrect; a specific intent to kill is not the only way to satisfy the malice requirement.
Why it's wrong
Incorrect; a specific intent to kill is not the only way to satisfy the malice requirement.
19864_vineyard_malice · CRIMINAL · Choice DNo homicide offense, because the resulting death exceeded the specific harm Silas intended to cause.
Why it's attractive
Incorrect; a defendant is liable for the death if they act with the malice of intent to cause SBI.
Why it's wrong
Incorrect; a defendant is liable for the death if they act with the malice of intent to cause SBI.
21605_joppa_balcony_malice · CRIMINAL · Choice AYes, because voluntary intoxication prevents a defendant from forming any level of malice required for a murder conviction.
Why it's attractive
Incorrect because voluntary intoxication only potentially negates specific intent, not general malice or recklessness.
Why it's wrong
Incorrect because voluntary intoxication only potentially negates specific intent, not general malice or recklessness.
21605_joppa_balcony_malice · CRIMINAL · Choice CNo, but only because the law dictates that voluntary intoxication is never a relevant consideration for any criminal offense.
Why it's attractive
Incorrect because intoxication IS relevant to specific-intent crimes.
Why it's wrong
Incorrect because intoxication IS relevant to specific-intent crimes.
21605_joppa_balcony_malice · CRIMINAL · Choice DYes, because depraved-heart murder is a specific-intent crime that requires a clear-headed purpose to kill.
Why it's attractive
Incorrect because depraved-heart murder is NOT a specific-intent crime.
Why it's wrong
Incorrect because depraved-heart murder is NOT a specific-intent crime.
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