FOCL Practice Test

What type of homicide did Bud commit when his unattended delivery truck struck two children?

1. Manslaughter

2. Criminally negligent homicide

3. Murder

4. Justifiable homicide

The correct answer is: Criminally negligent homicide

The appropriate classification of Bud's actions in this scenario typically falls under criminally negligent homicide. This type of homicide occurs when a person's actions result in the death of another individual, but those actions are characterized by a significant deviation from the standard of care that a reasonable person would exercise in the same situation. In the case of Bud, leaving a delivery truck unattended in a manner that allows it to strike two children suggests a lack of reasonable care. The key element here is the negligence involved in not ensuring the vehicle was secured or parked safely, which directly led to the tragic outcome. Criminally negligent homicide emphasizes the recklessness or gross negligence of an individual, rather than intent to kill, which aligns with Bud's situation. Manslaughter, while also relating to unintentional deaths, typically involves circumstances where the individual acted impulsively rather than carelessly. Murder requires a higher intent to kill, and justifiable homicide involves situations where the act is deemed necessary to defend oneself or others. In this situation, there is an absence of intent to cause harm, pointing directly to criminally negligent homicide as the appropriate charge.