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Question 1
Billy and Jessie have successfully run an insurance scam for the last six years, in which they have cheated people out of several million dollars. The FBI has finally caught on to them and they arrange to arrest Jessie and Billy at their office. When Jessie and Billy see the Federal officers, they begin to run. As Jessie is running from the office, he bumps into an intern from a neighboring office and knocks her down a flight of stairs. The intern breaks her neck in the fall and dies soon afterwards. Jessie and Billy will be charged with:
Correct
Incorrect!
Correct
Incorrect!
Correct Involuntary manslaughter is an accidental killing that is either the result of criminal negligence or caused during the commission of either a crime or a felony that does not trigger the felony murder rule. Since the felony that Jessie and Billy were fleeing from when they caused the intern's death is not of the sort that triggers the felony murder rule, Jessie and Billy can only be charged with involuntary manslaughter and C is the correct answer.
Incorrect! Involuntary manslaughter is an accidental killing that is either the result of criminal negligence or caused during the commission of either a crime or a felony that does not trigger the felony murder rule. Since the felony that Jessie and Billy were fleeing from when they caused the intern's death is not of the sort that triggers the felony murder rule, Jessie and Billy can only be charged with involuntary manslaughter and C is the correct answer.
Correct
Incorrect!
Question 2
Mario is driving down the street in his hometown when he drops the bagel he had been eating on the floor of the car. He looks around to make sure that nobody is trying to cross the street and then reaches down to get the bagel. While he is reaching down he takes his eyes off the road and does not realize that Al has run into the street chasing after a baseball. Mario hits Al and kills him. In this case, Mario will be charged with involuntary manslaughter:
Correct
Incorrect!
Correct The negligence that is required to meet the standard of criminal negligence is greater than that required for civil negligence. That being the case, the defendant will be guilty of involuntary manslaughter if the act that resulted in the victim's death had a high and unreasonable risk of death. In this case, Mario taking his eyes of the road probably did not represent the level of negligence required for a charge of involuntary manslaughter. Therefore, FALSE is the correct answer.
Incorrect! The negligence that is required to meet the standard of criminal negligence is greater than that required for civil negligence. That being the case, the defendant will be guilty of involuntary manslaughter if the act that resulted in the victim's death had a high and unreasonable risk of death. In this case, Mario taking his eyes of the road probably did not represent the level of negligence required for a charge of involuntary manslaughter. Therefore, FALSE is the correct answer.