Discussion of incorrect answers Incorrect During a bachelor party for the

Discussion of incorrect answers incorrect during a

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Discussion of incorrect answers : Incorrect. During a bachelor party for the defendant's brother, the defendant and his friends are drinking and doing drugs. As the night winds down, everyone except the defendant is extremely intoxicated. Even though he is the most sober person there, the defendant does not want to drive the others home because he is tired. He convinces one of his friends to drive instead. The friend ends up going the wrong way on a public highway and has a head-on collision with another car. The driver of the other car dies instantly. Given that the defendant was not driving the car, he cannot be convicted of murder. While his refusal to drive the others home may have been inconsiderate or ethically wrong, it was not illegal, and the defendant will not bear criminal liability for the boy's resulting death. Thus, this answer is incorrect. Incorrect. The defendant is flying in his Lear jet when he suddenly realizes that a hydraulic hose is leaking, and he will no longer be able to control the plane in about one minute. He figures out that if he remains on his current course, he will crash into a local elementary school. Instead, the defendant purposely crashes the jet into a farm house, hoping that no one is home. However, a woman is home and is killed in the crash. Though operating an airplane is a relatively dangerous activity, the defendant had no intention to kill and was not responsible for the plane's mechanical failure and loss of control. The defendant acted to take the least harmful course and save the multiple lives of children and teachers in the school, with the hope of killing no one. Therefore, the defendant would not be criminally liable for the unintentional killing of the farmer's wife. Thus, this answer is incorrect. Incorrect. The defendant is making deliveries of alcoholic beverages on Sunday. In his town, a local ordinance prohibits the sale of alcohol on Sunday. During the defendant's deliveries, he drinks some of the alcoholic beverages he is transporting. Near the end of his deliveries, the defendant collides with a boy riding a bike, and the boy dies instantly. Although driving while intoxicated may be dangerous, it does not rise to a level of wanton and willful disregard for the value of human life. As such, the defendant would not be guilty of depraved heart murder. Felony murder would not apply either, because the defendant's underlying offense was only violation of a local ordinance, not a felony. As such, the defendant would be unlikely to be found guilty of murder, although involuntary manslaughter might apply. Thus, this answer is incorrect. Question 2 of 5 ID# 7137 The defendant and his wife are separated. The wife recently began dating again. She tells the defendant that the relationship is moving along quickly and that she is happy. One evening, the wife brings her new boyfriend to the bar and restaurant the defendant owns. Although the wife does not intend to throw her happiness in her husband's face, the defendant takes enormous offense and feels publicly humiliated that his wife has brought a date to his own place of business. The defendant approaches his
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  • Spring '10
  • criminal law, Manslaughter

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