But For Causation Overread
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
16039_priscilla-heater-valve · CRIMINAL · Choice Aguilty of voluntary manslaughter, because Priscilla knew there was a possibility that death could result from a loose gas fitting.
Why it's attractive
Voluntary manslaughter requires intent to kill or heat-of-passion provocation. 'Knew there was a possibility' is not intent. No provocation is present in the stem. The mental state named in A (awareness of risk possibility) is a false statement of the VM standard.
Why it's wrong
Voluntary manslaughter requires intent to kill or heat-of-passion provocation. 'Knew there was a possibility' is not intent. No provocation is present in the stem. The mental state named in A (awareness of risk possibility) is a false statement of the VM standard.
16039_priscilla-heater-valve · CRIMINAL · Choice Cguilty of involuntary manslaughter under the unlawful act doctrine, because Naomi's death would not have occurred but for Priscilla's removal of the temperature-pressure relief valve.
Why it's attractive
Priscilla committed a misdemeanor AND but-for causation exists. The unlawful act doctrine is real. But the doctrine requires the underlying crime to be malum in se or inherently dangerous. A regulatory safety-code prohibition is malum prohibitum. Gold Key GK-CRIMINAL-MSMR-MALUM-01: but-for causation alone is not the test; the character of the underlying crime controls.
Why it's wrong
Priscilla committed a misdemeanor AND but-for causation exists. The unlawful act doctrine is real. But the doctrine requires the underlying crime to be malum in se or inherently dangerous. A regulatory safety-code prohibition is malum prohibitum. Gold Key GK-CRIMINAL-MSMR-MALUM-01: but-for causation alone is not the test; the character of the underlying crime controls.
16039_priscilla-heater-valve · CRIMINAL · Choice Dguilty of involuntary manslaughter, because a water heater is a dangerous instrumentality and Priscilla was culpably negligent.
Why it's attractive
Culpable negligence IS the right standard for this type of involuntary manslaughter. But the stem says Priscilla 'worked carefully' and disturbed the fitting 'without realizing she had done so.' Those facts contradict culpable negligence. Careful-but-accidentally-harmful work is ordinary negligence, not criminal negligence.
Why it's wrong
Culpable negligence IS the right standard for this type of involuntary manslaughter. But the stem says Priscilla 'worked carefully' and disturbed the fitting 'without realizing she had done so.' Those facts contradict culpable negligence. Careful-but-accidentally-harmful work is ordinary negligence, not criminal negligence.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →