Substantial Step Test

Substantial Step Test

As a prosecutor, you are told that a man has been arrested for driving at high speed through a crowded residential neighborhood at 3:00 in the afternoon. He was driving 90 mph in a 25-mph zone when he struck and killed a child crossing the street on her way home from school. Answer the following questions:

a. Can the driver be charged with murder? With any other charges? Explain your choices.

b. What are some of the considerations for applying murder based on a substantial cer tainty?

c. What defenses may the driver raise for his behavior? How will you respond?


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