Therefore it is unlikely that the defendants act will be mitigated to voluntary

Therefore it is unlikely that the defendants act will

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Therefore, it is unlikely that the defendant's act will be mitigated to voluntary manslaughter. Incorrect. Involuntary manslaughter. Involuntary manslaughter is an unintentional killing resulting without malice aforethought caused either by criminal negligence or during the commission, or attempted commission, of an unlawful act. In this case, the defendant clearly acted with the intent to kill the victim. As such, the defendant's act does not constitute involuntary manslaughter. Question 4 of 5 ID# 81719 In an effort to defraud the defendant's motor vehicle insurance company, the defendant and the victim devised a scheme whereby the defendant, operating his own vehicle, would "accidentally" hit the victim with his car. The victim would be seriously injured, but the defendant and the victim would later split the proceeds of the victim's insurance settlement from the defendant's insurance company. The victim assured the defendant that he had successfully pulled off this sort of scheme before and warned the defendant to stay under 25 miles per hour. The defendant and the victim then traveled to a deserted area, and the victim walked out into the middle of the road. The defendant backed up his car, accelerated to 27 miles per hour, and struck the victim with the right front bumper of the car, hurling the victim into the air. The victim struck his head on the pavement as he landed and died shortly thereafter. What is the most serious crime of which the defendant can be convicted? A Felony murder. B Involuntary manslaughter. C Intent-to-inflict-serious-bodily-injury murder. D Conspiracy to obtain property by false pretenses. Explanation The correct answer is: Intent-to-inflict-serious-bodily-injury murder. Discussion of correct answer :Intent-to-inflict-serious-bodily-injury murder is an unintentional killing proximately resulting from an act intended to cause serious bodily injury. Absent justification, excuse, or mitigation, intent-to-inflict-serious-bodily-injury murder satisfies the malice element for general-intent murder. Here, the defendant and the victim entered into an agreement to perpetrate insurance fraud, whereby the defendant would inflict serious bodily injury on the victim, and the defendant and the victim would split the insurance proceeds. The victim's death unintentionally resulted. As such, the requisite elements of intent- to-inflict-serious-bodily-injury murder are present, making this the correct response. Discussion of incorrect answers : Incorrect. Felony murder. Felony murder is an intentional or accidental killing proximately caused during the commission or
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attempted commission of a serious or inherently dangerous felony ("BARRK"--burglary, arson, robbery, rape, and kidnapping). In order for a person to be guilty of felony murder, the underlying felony must be malum in se, or an inherently dangerous felony. Defrauding an insurance company, on the other hand, is malum prohibitum and does not inherently involve a danger to life.
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  • Spring '10
  • criminal law, Manslaughter

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