From the daily archives:

Sunday, February 7, 2010

MBE Question of the Day #40

by Maryann Herman

Feb
7

The victim was the leader of a cult and the defendant was a member of that cult. For 30 consecutive days, the victim preached a sermon in which he proclaimed that he had the power to call lightning down from the heavens to strike down followers whom he considered to be sinners. The defendant believed he had this power. One day, the victim saw the defendant’s 6-year-old daughter take a tomato from the vine in the garden. The victim summoned the defendant and the defendant’s daughter before him and proclaimed that he was about to strike the daughter with lightning for her misdeed. The defendant took a knife and stabbed the victim killing him.

If charged with a homicide crime, the defendant’s  defense of defense of others will:

A.  Not be sustained, because his daughter was not in fact threatened.

B.  Not be sustained, because the defendant’s belief that his daughter was in danger was not reasonable.

C.  Be sustained, because he actually believed his daughter was in danger.

D.  Be sustained, because reflection is not required when there is an imminent threat of death to others.

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