Murder Requires Intent To Kill
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
14670_brass_handbell_pageant · CRIMINAL · Choice Abecause the jury found that the killing occurred in the course of an aggravated assault.
Why it's attractive
The choice uses a real felony label but ignores the word independent.
Why it's wrong
The choice uses a real felony label but ignores the word independent.
14670_brass_handbell_pageant · CRIMINAL · Choice Conly because the jury found that Daniel intended to kill Peter.
Why it's attractive
The word only makes one malice route swallow the other.
Why it's wrong
The word only makes one malice route swallow the other.
14670_brass_handbell_pageant · CRIMINAL · Choice Donly because the jury found that Daniel did not act in a rage provoked by Peter's accusation.
Why it's attractive
This choice points to a missing manslaughter mitigation, not the murder element.
Why it's wrong
This choice points to a missing manslaughter mitigation, not the murder element.
19572_gideon-oxen-stampede · CRIMINAL · Choice AFirst-degree murder, because intentionally startling animals into a crowd constitutes felony murder
Why it's attractive
Invents a felony murder predicate. Goading animals into a crowd does not constitute a qualifying predicate felony. Depraved-heart murder is the better-supported and cleaner charge.
Why it's wrong
Invents a felony murder predicate. Goading animals into a crowd does not constitute a qualifying predicate felony. Depraved-heart murder is the better-supported and cleaner charge.
19572_gideon-oxen-stampede · CRIMINAL · Choice BInvoluntary manslaughter only, because Gideon did not intend to hit anyone
Why it's attractive
Focuses on lack of intent-to-kill as the limiting element. Depraved-heart murder does not require intent to kill — conscious disregard of extreme risk with extreme indifference is sufficient. Defeated by GK-CRIMINAL-DEPRAVED-HEART-01.
Why it's wrong
Focuses on lack of intent-to-kill as the limiting element. Depraved-heart murder does not require intent to kill — conscious disregard of extreme risk with extreme indifference is sufficient. Defeated by GK-CRIMINAL-DEPRAVED-HEART-01.
19572_gideon-oxen-stampede · CRIMINAL · Choice CNo homicide liability, because the workers could have stepped aside
Why it's attractive
Substitutes victim's ability to move (common-sense autonomy) for the legal standard (proximate causation). A victim's failure to avoid an extreme risk created by the defendant is not a superseding cause that negates liability.
Why it's wrong
Substitutes victim's ability to move (common-sense autonomy) for the legal standard (proximate causation). A victim's failure to avoid an extreme risk created by the defendant is not a superseding cause that negates liability.
20931_candlestick_strikes · CRIMINAL · Choice BYes, for first-degree murder, because the repeated striking shows premeditation.
Why it's attractive
The stem says nothing about thinking about killing before hitting. Premeditation = prior reflection about killing, not just many hits.
Why it's wrong
The stem says nothing about thinking about killing before hitting. Premeditation = prior reflection about killing, not just many hits.
20931_candlestick_strikes · CRIMINAL · Choice CYes, for involuntary manslaughter, because Peter did not intend to kill.
Why it's attractive
The call asks 'murder?' — involuntary manslaughter is a different charge. That alone makes it non-responsive.
Why it's wrong
The call asks 'murder?' — involuntary manslaughter is a different charge. That alone makes it non-responsive.
20931_candlestick_strikes · CRIMINAL · Choice DNo, because Peter lacked intent to kill, which is required for murder.
Why it's attractive
The Gold Key explicitly says GBH intent = malice = murder. D reverses that: it says only intent to kill counts, which is false.
Why it's wrong
The Gold Key explicitly says GBH intent = malice = murder. D reverses that: it says only intent to kill counts, which is false.
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