Quote:
Originally posted by hottoddy
I'm also taking the bar in February. Speed reading usually doesn't help on the bar, because a single word frequently changes the answer. Here's a few for you to dig out.
In a brief sentence, explain the subtle differences between depraved heart murder and involuntary manslaughter.
Do the same for larceny by trick and larceny by false pretenses.
Both are highly tested fine-line distinctions on the MBE.
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I just got back. Okay, here's the answer to your questions
Question 1
Involuntary manslaughter at common law is defined as
reckless or criminally negligent homicide. This is often confused with "depraved heart" murder which is defined at common law as
extreme recklessnes which rises to the level of malice aforethought--a requirement for murder charges. The difference between both (in addition to severe penalties if you get dinged for murder) is the SEVERITY of the risk. Some jurisdictions require that the AWARENESS of the risk be high as well. However, many jurisdictions, at common law, view Involuntary manslaughter as a "general intent" crime.
Question 2
The difference between larceny by trick and larceny by false pretenses is that in larceny by trick the defendant gains POSSESSION of the item in question through lies, deceit, etc whereas in larceny by false pretenses, the defendant gains TITLE of the item in question through lies, deceit, etc.