As Sean mentioned yesterday, today marks our first “MBE Question of the Day” post. We will give you all an opportunity to ponder the question and offer your (inevitably brilliant) thoughts and (undoubtedly correct) answers throughout the day; the answer and answer explanations will be posted tomorrow morning as we post tomorrow’s question. So, without further ado, here’s the first question:
The defendant is walking in front of a liquor store when a thief, who has just robbed the store at gunpoint, orders him to drive the getaway car parked at the curb. As the defendant and the thief are approaching a red light at a busy intersection where pedestrians are crossing the street, the brakes fail. To avoid hitting the pedestrians, the man swings his car across the sidewalk and into a house. The car strikes the homeowner, who is watching television in his living room, killing him.
If the defendant is charged with manslaughter, his best defense is:
A. Defense of others—the pedestrians on the crosswalk.
B. Self-defense.
C. Duress.
D. Necessity.
Please share your answer along with your justification for choosing that answer. Good luck!
{ 61 comments }
