Multistate Bar Examination Practice Question

The most fitting charge is involuntary manslaughter. At common law, involuntary manslaughter covers unintentional killings caused by criminal negligence-a gross deviation from the standard of reasonable care that creates a substantial risk of death. Lee's failure to supervise the pan on high heat in a crowded restaurant was such a gross deviation and directly caused the customer's death. Voluntary manslaughter is inappropriate because it requires an intentional killing in the heat of passion with adequate provocation. Felony murder does not apply because Lee was not committing a qualifying felony. Second-degree (depraved-heart) murder requires malice-an extreme, conscious disregard for human life-which is a higher mens rea than negligence and thus exceeds what the facts support.