A driver, late for work, ran a red light while traveling at 40 miles per hour in a 25-mile-per-hour zone. The driver struck and killed a pedestrian in the crosswalk. The state has a misdemeanor statute prohibiting speeding in residential areas. Could the driver be charged with misdemeanor manslaughter?
No, because misdemeanor manslaughter applies if the misdemeanor is classified as a violent crime.
Yes, because the death occurred during the commission of a misdemeanor involving public safety.
No, because misdemeanor manslaughter requires evidence of gross recklessness rather than negligence.
Yes, because misdemeanors resulting in a death can support a charge of misdemeanor manslaughter.
The correct answer is that the driver can be charged with misdemeanor manslaughter because the death occurred during the commission of a misdemeanor, fulfilling the required elements for this charge. Misdemeanor manslaughter arises when an unintended killing happens in the course of committing a misdemeanor inherently dangerous to human life or one that creates a foreseeable risk of death. Running the red light combined with speeding violated a public safety law designed to protect pedestrians. The defenses of negligence or lack of violent intent would not negate this statutory liability.
The second option is incorrect because misdemeanor manslaughter does not require recklessness or intent; it applies when a death results from committing a qualifying misdemeanor. The third option is incorrect because not all misdemeanors can lead to misdemeanor manslaughter; the misdemeanor must pose a threat to public safety and carry a foreseeable risk of death. The fourth option is misleading because qualifying misdemeanors need specific associated dangers (e.g., speeding in residential areas) to support a charge.
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What are the elements required to establish misdemeanor manslaughter?
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