Practice Quiz

Paralegal

Category - Judgement

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In criminal law, the Felony Murder Rule provides that a defendant will be guilty of murder if a death resulted from the commission, attempted commission, or immediate flight from a dangerous felony. If Defendant was found guilty of grand theft-auto after carjacking Sandra’s new Camaro, which of the following facts would be the most important in finding Defendant guilty of murdering Victor Victim?
  1. That Victor was killed because Defendant was speeding.
  2. That Defendant lacked the necessary mens rea of intent to kill Victor.
  3. That Defendant knew and intensely disliked Victor.
  4. That Defendant was driving a stolen vehicle when he hit and killed Victor.
Explanation
Answer: D - That Defendant was driving a stolen vehicle when he hit and killed Victor. Answer D is the correct answer because it establishes a direct connection between Defendant’s felony (car theft) and Victor’s death. Answer A is not correct because Defendant was not convicted of speeding and because speeding (generally) is not a felony. Answer B is not correct because intent to kill is not necessary for the Felony Murder Rule to apply. Answer C is not correct because it is irrelevant for purposes of the Felony Murder Rule.
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