Bar Exam (US) Criminal Procedure: The state of Newton has the following hit-and-run statute in e...

Question

The state of Newton has the following hit-and-run statute in effect:

"Any driver of a motor vehicle (including but not limited to automobiles, trucks, buses, or motorcycles) involved in an accident or collision resulting in injury or death to a human being shall immediately stop his or her vehicle at the scene of such accident or collision, render necessary aid to the injured victim, and furnish the police or other person(s) at the scene with his or her name, address and driver's license. Any violation or noncompliance with said statute shall be punished by imprisonment for not less than three years nor more than seven years."

At 3:30 P.M. on the afternoon of January 13, 1997, nine-year-old Goldie Hand was riding her bicycle along Pacific Coast Highway. As Goldie swerved into the southbound lane, her bicycle was struck by a car driven by Ellen Brennan. Goldie was knocked off her bike and thrown onto the sidewalk adjacent to the highway. Although Goldie received some minor scrapes and bruises, she was not seriously injured. Following the accident, the car driven by Brennan sped away.

Moments later, however, a tractor-trailer crashed into the rear of a Ford Pinto about thirty feet from where Goldie was lying. The Pinto almost instantly caught fire as its gas tank exploded. Goldie, who was engulfed in the flaming wreckage, burned to death.

If Brennan is charged with involuntary manslaughter for the death of Hand, the defendant should be found

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    guilty, because she unlawfully fled the scene of an accident in violation of her statutory duty
  2. B
    Correct Answer
    guilty, because her failure to render aid to Hand would make Brennan criminally responsible for the victim's death
  3. C
    Correct Answer
    not guilty, because under the circumstances her failure to aid Hand cannot be a basis for imposing criminal responsibility for the victim's death
  4. D
    Correct Answer
    not guilty, because there was not a sufficient causal connection between her actions and Hand's death to impose criminal responsibility
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