Multistate Bar Examination Practice Question

The driver’s conduct shows a gross deviation from the standard of care a reasonable person would exhibit. Texting while speeding in a residential area creates an extreme risk to others. This behavior demonstrates criminal negligence rising to the level of recklessness, as it involves a conscious disregard of substantial and unjustifiable risk resulting in a death. Voluntary manslaughter would not apply here, as it requires provoked, intentional killing. Similarly, misdemeanor manslaughter applies only in cases where the death occurs during the commission of a lesser criminal offense; there is no indication a misdemeanor was involved here. The facts show reckless conduct leading to an unintended killing, aligning most closely with involuntary manslaughter.