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o. here are the answers to the ?s
FK got the crayons :)
1. Motive is a legally required element of any first-degree murder. False
Elements of a crime are what is needed for a crime to have been committed (eg. intent and act, you cannot be penalized for just thinking).
1. unlawful killing
2. of a human being or fetus
3. with malice aforethought
4. willfull deliberate/premeditated
5. by poison, lying in wait, torture....
6. with knowing use of explosives
7. armor piercing ammunition
#5-7 indicate genuine premediation, ill will. these are the differences between 1st and 2nd degree
Motive.. which answers WHY they did it, is NOT required, although obviously it does help the case
2. Malice aforethought is a necessary element of both first and second degree murder: True
Pretty much distinguishes between doing it on purpose and on accident.
3. Premeditation is a necessary element which must be proven in kidnapping: False
In murder of 1st and 2nd degree, there is a difference between walking in on a guy raping ur child and killing him, whereas walking in, sending him away, then plotting the next 2 weeks and THEN killing him. In kidnapping, it makes no difference whether u planned this 2 weeks ago or 1 second ago.
4. A person who compels a cab driver to take them to another part of town against the cab drivers will, has committed kidnapping: True
What is kidnapping? Forcing someone against their will, to go wit u somewhere else. Doesnt matter whether or not you/they are driving, whether their using a weapon or just their words.
5. In Texas, it is illegal to put graffiti on someone else’s cow. (Hint: It is True) lolz
6. It is a felony to possess a disguised firearm-type device which is not immediately recognizable as a firearm. True
Disguised firearms big no no
7. A person who carriers a loaded firearm in the State Capitol area is guilty of a misdemeanor. False
Felony. State capital has #1 crime rate and obviously.. ITS the capitol!
8. A firearm is considered loaded in the State Capitol area if the gun and the ammunition are in possession of the same person. True
Yep. simple fact that u can snap it together jus like that.
9. One can be guilty of felonious homicide by omitting an act which proximately causes the victim’s death. True
Eg. mechanic not installing somebody brakes in correctly, not feeding ur kid etc etc. It's not always an act, but can be a FAILURE to act.
10. The term “homicide” refers to the killing of a human being or fetus which may not necessarily be a crime. True
Homicide is taking of life by human agency. Can be justifiable or excuseable as in the cases of self-defense or capital punishment. Murder is the felonious taking of a human life.
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