Question
Joe finished drinking 4 beers at the bar in 75 minutes. When Joe finished his drinks, he headed for the door. He was quite distracted;
Joe finished drinking 4 beers at the bar in 75 minutes. When Joe finished his drinks, he headed for the door. He was quite distracted; his fogginess of mind was attributed to the fact his girlfriend had just left him that morning. He was slightly unsteady on his feet from the alcohol, but he didn't realize it.
Just then Joe realized he had to be at work. He jumped into his car and took off. Just as Joe was traveling approximately 54 miles per hour in a 35-mph zone, he saw another automobile appear in the intersection in front of him.
Joe had no time to stop at the stop sign in front of him, and jammed on his brakes hard. He hit the other automobile. It, in turn, went careening into Susan, a woman crossing the street, killing her and severing her arm.
(Assume no Merger Doctrine) Which legal theory of criminal liability would bemost applicable/the best availableunder the circumstances?
Specific Intent Murder
Involuntary Manslaughter
Strict Liability - he was drinking and driving.
Voluntary Manslaughter and Mayhem
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