TTTBE #64: Early Answer for Patrons (Patreon)

The answer was "B," meaning that Thomas (and many of you!) broke his two-question losing streak.  Thomas analyzed this question exactly correctly!

Involuntary manslaughter involves the "lesser" states of criminal mens rea of either (1) criminal negligence or (2) misdemeanor-manslaughter, which is not present in this question.

Criminal negligence, in turn, is defined by conduct that creates a serious risk of death or bodily injury to others; less than the depraved heart indifference that would support murder, but greater than ordinary negligence.  Defendant's best defense here is to argue that walking out onto his patio with a loaded weapon in response to a noise was not criminal negligence.

"A" is the worst answer; "assumption of risk" is a tort and not a criminal law doctrine.

"D" is incorrect because there was no threatened forcible entry into Defendant's home.

"C" isn't a good answer because the conduct was volitional even if not fully intentional.  We discuss this on the show, but essentially, you are responsible for the reasonably foreseeable consequences of your actions even if you don't specifically intend them.

Thomas is now 36-for-64 (56.25%).