Question
Amanda was driving on a city street when the left front tire of her car blew out. Despite her best efforts, the car swerved off
Amanda was driving on a city street when the left front tire of her car blew out. Despite her best efforts, the car swerved off the road and killed a pedestrian. If she is charged with a homicide offense which uses a M.P.C. mens reapurpose, knowledge, recklessness, or negligencewould she be found guilty in any of the following circumstances:
- If she was driving at or near the speed limit (35 mph) on new tires and had no reason to believe that there were any problems with the tires?
- If she was driving at or near the speed limit but her tires were old and bald?
- If she was driving at a speed of 65 mph in a 35 mph zone when the blow out occurred?
In your 200-or-more-word primary response, choose and justify which of the three fact scenarios would most likely lead to criminal liability and why. Support your conclusion with common law, M.P.C., and/or case law.
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