Crim Law II

Question 1

Involuntary manslaughter

Answer 1

A person commits involuntary manslaughter when he causes a death by criminal negligence.

Question 2

Criminal negligence

Answer 2

A person has a mens rea of criminal negligence when he (i) fails to be aware of a substantial and unjustifiable risk and (ii) this failure constitutes a deviation from a reasonable standard of care.

Question 3

Criminal recklessness

Answer 3

A person has a mens rea of criminal recklessness when he consciously disregard a substantial and unjustifiable risk.

Question 4

Causation

Answer 4

The defendant must be both the proximate cause and cause-in-fact of the [death].

Question 5

Cause-in-fact

Answer 5

Conduct is the cause-in-fact if the death would not have occurred “but for” the conduct

Question 6

Proximate cause

Answer 6

A defendant is the proximate cause if the [death] was a natural and foreseeable consequence of the conduct (even if he did not anticipate the precise manner in which it would occur.

Question 7

Accomplice

Answer 7

An accomplice is somebody who (i) aids, counsels, or encourages, the principal in the commission of a crime (ii) with the intent to assist and the intent that the principal commit the crime.