问题 单项选择题

猎人甲某日在狩猎区打猎,在其欲射一野兔时,发现猎人乙在对面也欲捕该野兔,虽然甲知道自己枪法不准,但情急之下还是扣动扳机,结果致乙死亡。对于乙的死亡,下列说法正确的是( )

A.是不可抗力

B.甲对乙的死亡是间接故意

C.是意外事件

D.甲对乙的死亡是过失

答案

参考答案:B

解析:[考点] 间接故意的认定 依据我国《刑法》第14条的规定,明知自己的行为会发生危害社会的结果,并且希望或者放任这种结果发生,因而构成犯罪的,是故意犯罪。故意犯罪包括直接故意和间接故意,间接故意是指明知自己的行为可能发生危害社会的结果,并且放任这种结果发生的心理态度。甲为了追求射杀野兔的非犯罪目的,在明知自己的行为可能误伤乙的情况下,放任乙的死亡,属于间接故意。因此,正确选项为B。

阅读理解

“Your honor(法官大人)! Let me say a few words for myself.What they have told you is just not true.I was not trying to kill anyone, and it was hardly possible to try to kill three strong young men at the same time.I didn’t have anything to tell people that night and was quite alone.I didn’t know them and needn’t hate them.I was attacked by them, and I knocked one of them down, it’s true, but Iwas made to do it, or I might be killed by them.I did this not because I hated the white men as they said.I just had to do so.While I was beaten in the dark street by the three men, a policeman came, caught me and took me here.I know why I was beaten.I have just moved into a house next to these three white men.I have felt that I am not welcome and I have tried to be quiet.I think, as an American, I have the right to choose where to live.I am guilty.What makes me guilty is my color opposite to theirs and I can’t enjoy justice.Yes, I am not guilty.This is all I want to say.Thank you, your honor.”

1.What color was the speaker?

A.Black.        B.White.       C.Brown.       D.Yellow.

2.Why did he speak for himself?

A.He wanted to live in the house next to the whites.

B.He wanted to have the right to choose where to live.

C.He wanted to show he was not guilty.

D.He wanted to show he didn’t hate the whites.

3.The speaker was caught because ____.

A.the policeman wanted to save him

B.he was black and was fighting with the whites

C.he killed the three men in a dark street

D.he lived in a house next to the whites

4.What’s the right order of the story?

a.The speaker said something for himself.

b.The three men said something.

c.The speaker knocked down one of the three men.

d.The speaker was beaten by the three men.

e.He was caught by the policeman.

f.The speaker moved into a house near the whites.

A.a-b-f-d-c-e      B.b-a-f-c-d-e         C.f-d-c-e-b-a    D.f-c-d-e-a-b

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