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MMLU / A man was driving while drunk. He was speeding down a center city street,…

Problem

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question

A man was driving while drunk. He was speeding down a center city street, veering from lane to lane, when he lost control of his car while going over a slick puddle of water. Without realizing it, he drove his car onto the sidewalk and killed two persons. What common law crime most appropriately fits the man's situation?

choices

  1. Felony murder in that he killed someone while committing the felony of driving under the influence.
  2. Voluntary manslaughter because it was an intentional killing done while acting recklessly or impulsively.
  3. Involuntary manslaughter in that it was a killing committed while engaging in reckless activity but without the intent to kill.
  4. First degree murder because the act of driving under the influence is legally presumed to involve premeditation and specific intent.

subject

professional_law

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Source and history

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