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Chapter III Criminal Law.doc
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Comprehension

10. Answer the questions:

  1. What is homicide?

  2. What is the difference between manslaughter and murder?

  3. What elements does the differentiation of homicide into manslaughter and murder depend upon?

  4. What does the Latin term corpus delicti mean?

  5. What two main component elements must be established in a homicide case?

  6. What act must occur to constitute punishable homicide?

  7. How many classes do homicides fall into?

  8. What constitutes murder under a number of statutes? Why?

  9. What is the a unique characteristic of first degree murder?

  10. Why is killing of a human being by a police officer in the performance of the official duties is sometimes considered justifiable?

  11. How do some statutes define second degree murder?

  12. What is a unique characteristic of manslaughter?

  13. In what cases can a homicide be justified?

  14. How is taking the life of another classified under most statutes?

  15. In what situations can killing a person prevent the commission of a forcible crime?

  16. What cases is the right to kill limited to?

  17. What typical crimes usually involve violence and force?

  18. When may police officers use force to preserve law and order?

11. Say if the following statements are true or false. Comment on the true statements and correct the false ones.

  1. “Malice aforethought” or “express” malice is an essential element of first degree murder.

  2. Criminal responsibility for a homicide is only imposed if the fact of death is not established.

  3. Manslaughter is an intentional killing of a human being.

  4. The use of force to prevent the commission of an atrocious crime is not regarded justifiable.

  5. Third degree murder is distinguished from other degrees by a carefully planned design to take life.

  6. Murder in one of the specified degrees does not constitute a felonious homicide.

  7. Manslaughter as well as murder is a felonious homicide.

  8. Killing of a human being by a police officer in the performance of his/her duties is often considered justifiable.

  9. Murder ordinarily constitutes a felonious homicide.

  10. Manslaughter often occurs during a sudden quarrel.

  11. The unique characteristic of manslaughter is premeditation.

  12. Killing a person while committing an unlawful act is a first degree murder.

  13. Under a number of statutes there are several degrees of homicide.

Discussion

12. Speak on the three classes of homicides. Use the following words and phrases:

  • deliberation;

  • by means of poison or lying in wait;

  • commission of a felony;

  • to encompass death;

  • a dangerous act;

  • regard for human life.

13. Describe the difference between murder and manslaughter. Use the following words and phrases:

  • without malice;

  • absence of premeditation;

  • deliberation;

  • killing of a human being;

  • malice aforethought;

  • a sudden quarrel;

  • unintentional killing;

  • great bodily injury;

  • different criminal responsibility.

14. Divide the text into logical parts and entitle each of them.

15. Work in pairs:

  1. look at the following words and phrases and think of a story that might combine them all. You may reorder them in any way you want to using any form of the verb:

  • two drunkards provoked the conflict;

  • police officers were in the performance of their duties;

  • the victim was injured to preserve the peace;

  • the act involved force and violence;

  • they are given more latitude;

  • the case of absolute necessity.

b) when you have decided upon the story tell it to your partner. Then listen to that of your partner. Ask each other as many questions as you can to learn further details or clarify some points.

  1. Give a summary of the text.

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