Common Law Limits Always Control Misdemeanor Manslaughter
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
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice BYes, because operating a boat while intoxicated is a dangerous act.
Why it's attractive
It answers a dangerous-intoxication question the stem does not ask.
Why it's wrong
It answers a dangerous-intoxication question the stem does not ask.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice CYes, because Timothy knew or should have known that operating a boat without a license could result in loss of life.
Why it's attractive
It adds a knew-or-should-have-known death-risk element not in the statute.
Why it's wrong
It adds a knew-or-should-have-known death-risk element not in the statute.
16061_retreat_lake_unlicensed_boat · CRIMINAL · Choice DNo, because operating a boat without a license is not malum in se.
Why it's attractive
It imports a common-law limit after the statute says any misdemeanor.
Why it's wrong
It imports a common-law limit after the statute says any misdemeanor.
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