Crucial Exams

Multistate Bar Examination Practice Question

A distracted driver swerved into an oncoming lane while adjusting their radio, forcing another vehicle to crash into a pedestrian, who later died due to complications during surgery. The driver is charged with criminally negligent homicide. What is the key factor in determining whether the driver can be held criminally liable for the pedestrian’s death?

  • Whether the possibility of harm from the driver's swerving was preventable by other drivers on the scene.

  • Whether the pedestrian’s death resulted as a foreseeable outcome of the driver’s swerving into oncoming traffic.

  • Whether the pedestrian acted unlawfully by standing in an unsafe area.

  • Whether the surgeon’s handling of the complications during surgery contributed to the pedestrian’s death.

Multistate Bar Examination
Criminal Law and Procedure
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