While this particular scheme may have been inherently dangerous the crime of

While this particular scheme may have been inherently

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While this particular scheme may have been inherently dangerous, the crime of insurance fraud is not. As such, the defendant's act does not fall within the definition of felony murder. Thus, this answer is incorrect. Incorrect. Involuntary manslaughter. Involuntary manslaughter is an unintentional killing resulting without malice aforethought caused by criminal negligence or during the commission or attempted commission of an unlawful act. Criminal negligence requires that a defendant's conduct involved a high degree of risk of death or serious injury beyond the standard of ordinary tortious negligence. Here, the victim's death occurred during the commission of an unlawful act (the conspiracy to defraud the defendant's insurance company), and the act of hitting the victim with an automobile certainly involved a high degree of risk of serious injury to the victim. However, because the question asks for the most serious crime of which the defendant may be convicted, involuntary manslaughter is not the appropriate response. Incorrect. Conspiracy to obtain property by false pretenses. The statutory crime of conspiracy to obtain property by false pretenses consists of a false representation of a present or past material fact by the defendant, which causes a victim to pass title to his property to the perpetrator, who knows his representation to be false and intends thereby to defraud the victim. Here, it is true that the defendant and the victim entered into an agreement to defraud the defendant's insurance company, and the defendant therefore may indeed be guilty of the crime of conspiracy to obtain the insurance company's property by false pretenses. However, because the question asks for the most serious crime of which the defendant may be convicted, and the defendant may be convicted of murder, conspiracy to obtain property by false pretenses is not the appropriate response. Question 5 of 5 ID# 90232 A man discovered that his partner was embezzling from the business they jointly owned. Planning his revenge, the man traveled to several adjoining states and purchased a gun, ammunition, rope, and a knife from various vendors. Three weeks later, the man invited his partner out for drinks. As they left the bar together, the man pulled the knife on his partner, who froze in his tracks, terrified. The man then used the rope to bind the partner's hands and feet before pushing him into the trunk of his car. The man then drove to a forest, dragged the partner out of the trunk toward a nearby grove, tied him to a tree, and shot him six times in the head and chest. What is the most serious crime of which the man can be convicted? A Voluntary manslaughter. B Depraved-heart murder. C Felony murder. D Premeditated murder. Explanation
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The correct answer is: Premeditated murder. Discussion of correct answer :First-degree murder actually encompasses several types of homicide, including: (1) intent-to-kill murder committed with premeditation and deliberation; (2) felony murder; and, in some jurisdictions, (3) murder accomplished by lying in wait, poison, or torture. If a murderer engages in any reflection or premeditation, even briefly, he may be guilty of first-degree murder. Here, the fact that the man traveled to several adjoining states to buy the instrumentalities used to kidnap and
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  • Spring '10
  • SUSANW.CRUMP
  • criminal law, Manslaughter

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