Posted: May 19th, 2017
Warren and Dexter were playing Russian Roulette using a revolver that was loaded with a single bullet. With each spin of the cylinder and pull of the trigger there was a one-in-six chance that the gun would fire. On the other side of town, Dr. Raymond Keller was performing a dangerous but medically needed operation in which there was a one-infive chance that the patient would not survive. Tragically, neither Dr. Keller’s patient nor Dexter’s friend survived. Under the Model Penal Code: a. Dr. Keller could not be considered reckless because the risk he took could not be considered “substantial.” b. Dexter could not be considered reckless because the risk he took was not “unjustifiable.” c. Both Dr. Keller and Dexter should be considered reckless if both were aware of and consciously disregarded the respective risks that they were taking. d. It would be possible to convict Dexter of murder (as opposed to manslaughter) on these facts.
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