Felony Murder Merger
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL2
Example wrong choices
14667_mens_retreat_trust_test · CRIMINAL · Choice Bno crime, because Daniel and Stephen voluntarily agreed to play the game and each assumed the risk of death.
Why it's wrong
Choice B is not the credited answer for this item.
14667_mens_retreat_trust_test · CRIMINAL · Choice Cmurder in the first degree, because Daniel's act of pointing the gun at Stephen was intentional and premeditated and, in any event, occurred during commission of the felony of assault with a deadly weapon.
Why it's wrong
Choice C is not the credited answer for this item.
14667_mens_retreat_trust_test · CRIMINAL · Choice Dmanslaughter, because Daniel's act was grossly negligent and reckless.
Why it's wrong
Choice D is not the credited answer for this item.
14670_brass_handbell_pageant · CRIMINAL · Choice Abecause the jury found that the killing occurred in the course of an aggravated assault.
Why it's attractive
The choice uses a real felony label but ignores the word independent.
Why it's wrong
The choice uses a real felony label but ignores the word independent.
14670_brass_handbell_pageant · CRIMINAL · Choice Conly because the jury found that Daniel intended to kill Peter.
Why it's attractive
The word only makes one malice route swallow the other.
Why it's wrong
The word only makes one malice route swallow the other.
14670_brass_handbell_pageant · CRIMINAL · Choice Donly because the jury found that Daniel did not act in a rage provoked by Peter's accusation.
Why it's attractive
This choice points to a missing manslaughter mitigation, not the murder element.
Why it's wrong
This choice points to a missing manslaughter mitigation, not the murder element.
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