Crucial Exams

Multistate Bar Examination Practice Question

A driver was traveling at nearly double the speed limit through a residential neighborhood while posting a live video on social media. As the driver approached an intersection, they failed to notice a pedestrian legally crossing the street and struck the pedestrian, killing them instantly. The prosecution alleges that the driver acted with recklessness. Under these circumstances, which of the following provides the best explanation for why the driver's actions may constitute reckless killing?

  • The driver failed to exercise the level of care that a reasonable person would exhibit in a similar situation, showing negligence rather than recklessness.

  • The driver violated traffic laws and caused a death, which is sufficient to establish all elements of reckless killing.

  • The driver intended to cause harm by speeding and engaging in distracted behaviors, which is a necessary component of recklessness.

  • The driver consciously disregarded a known substantial risk that their behavior could cause serious harm or death, which is required to establish recklessness.

Multistate Bar Examination
Criminal Law and Procedure
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