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#T3BE 233 - Full Question Text for Patrons (Patreon)

Published:
2021-06-25 04:00:00
Imported:
2022-10

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Anonymous

I'll go with B. This is a weird question, since I would intuitively think it should be manslaughter rather than murder. However, that isn't a choice, and I think the key issue is what are the standards for reversal of a conviction--which should definitely be higher than a regular appeal. I don't like C or D, since one can certainly imagine a worse scenario where someone purposely sent a defective lot of critical medication to a pharmacy where a particular person gets their life-saving drug. This would seem more like murder b/c it would have malice, but both C and D would seemingly apply--it's the same kind of base offense and still has the medical condition as proximate cause. I don't like A because it seems to imply that other circumstances don't matter, which leaves B: it's up to the jury to consider the totality of the circumstance and judge the degree of recklessness to see what crime it warrants.

WiseThat

B. I sell you a bottle I labelled as X amount of drugs, knowing full-well that I actually gave you Y. Of course it's possible for the jury to have found a sufficient Mens Rea there and I could reasonably be held criminally liable for the consequences of my willful misrepresentation. The answer would be A if he was charged with the minor offense of selling bad drug or something, but I don't think you can ever be "strictly" liable for big-ticket offenses. (maybe drunk driving?)