Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant, enraged by a perceived insult, lunges at a victim with a knife. The victim, attempting to defend himself, trips and falls, striking his head on a concrete curb. The victim dies instantly from the head trauma. The defendant did not touch the victim with the knife. Which of the following is the most appropriate charge for the defendant?
- AAttempted Battery
- BMurder
- CVoluntary Manslaughter
- DInvoluntary Manslaughter
Show answer & explanationAnswer & explanation
Correct answer: B. Murder
The defendant's act of lunging with a knife, coupled with the intent to cause serious bodily harm or death, establishes malice aforethought. The victim's death, even if indirectly caused by the defendant's actions, is sufficient for a murder charge under the doctrine of proximate causation.
Why the other options are wrong
- A. Attempted battery would be appropriate if the victim had not died and the defendant had the intent to cause harmful or offensive contact.
- C. Voluntary manslaughter requires a killing committed in the heat of passion or under extreme emotional disturbance, which is not fully described here as a mitigating factor to reduce murder.
- D. Involuntary manslaughter typically involves an unintentional killing resulting from criminal negligence or during the commission of an unlawful act not amounting to a felony, which is not the case here.
Malice Aforethought (Murder)
The mental state required for murder, generally encompassing intent to kill, intent to cause serious bodily harm, depraved heart (reckless indifference to human life), or felony murder.
- Can be express (intent to kill) or implied (intent to cause serious bodily harm, depraved heart).
- Distinguishes murder from manslaughter.
- Does not necessarily require premeditation or deliberation in all jurisdictions for all degrees of murder.
Memory trick: KNOW the Different Intentions for Killing.