86. Which of the following, if authorized by state law, would be constitutionally permissible?

A is correct. The charges need not be tried together because each is a separate and independent offense. The first is the woman's failed attempt to kill the husband, which constituted attempted murder. The second is causing the death of her son, which is a completed murder. Although the woman did not intend to harm her son, her intent toward her husband can be transferred under the doctrine of transferred intent to hold her liable for the actual harm caused to her son. The doctrines of mens rea and causation support liability for both the action the woman attempted and the harm she caused to each victim.

B is incorrect. There is no constitutional requirement that the two offenses be charged together. The attempt is not a lesser included offense of the murder; it is a separate charge, with a separate victim and an independent theory of liability.

C is incorrect. The two offenses each address a separate, and separately punishable, harm. The offenses do not constitutionally require concurrent sentencing.

D is incorrect. Attempted murder does not merge as a lesser offense to murder in this case. The attempted murder and murder were separate acts that caused independent harm to independent victims and are punishable individually.