Criminal Law
Exam 26
Fact pattern
A meets some friends at a bar to watch a sports game involving their favorite team. An hour later, the friends talk A into heading out to a stretch of road infamous for drag racing. The road is in an abandoned industrial area, which is typically deserted at night.
The drag racing event is underway by the time A and his friends arrive. A watches a few races and asks, “Is it dangerous?” Someone hired to promote the illegal gambling for the event tells A the racing is “ totally safe.” A decides to race, even though he realizes he is still a bit intoxicated.
A’s car is an eight-year-old minivan with a history of brake problems. A starts the race and accelerates to 120 miles-per-hour, when a pedestrian suddenly appears in the road. A slams on his brakes. However, the brakes malfunction, and the van hits the pedestrian. A immediately hops out of the car and runs to the pedestrian, asking “Are you okay?” Unfortunately, the pedestrian is dead.
In a common-law jurisdiction, A is arrested and charged with depraved heart murder and involuntary manslaughter. Assume the prosecution can prove the above facts at A’s trial. Assume also that A does not have a valid intoxication defense.