California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawEasy
A man is walking home late at night when he is suddenly attacked by an assailant wielding a knife. The assailant lunges, and in self-defense, the man pulls out a legally owned firearm and shoots the assailant, killing him. The man reasonably believed that deadly force was necessary to prevent imminent death or serious bodily injury. What is the most likely legal outcome for the man?
- AJustifiable Homicide, due to self-defense.
- BVoluntary Manslaughter, due to sudden heat of passion.
- CMurder, as he intentionally killed another human being.
- DInvoluntary Manslaughter, as he acted negligently.
Show answer & explanationAnswer & explanation
Correct answer: A. Justifiable Homicide, due to self-defense.
Self-defense is a complete defense to homicide if the defendant reasonably believes that deadly force is necessary to repel an imminent threat of death or serious bodily injury. The facts state the man reasonably believed deadly force was necessary, making the homicide justifiable.
Why the other options are wrong
- B. Voluntary Manslaughter involves an intentional killing committed in the heat of passion or under extreme emotional disturbance, without justification. Self-defense is a justification.
- C. Murder requires malice aforethought without justification or excuse. Self-defense negates the unlawfulness.
- D. Involuntary Manslaughter involves an unintentional killing caused by criminal negligence or during an unlawful act. This was an intentional killing but justified.
Self-Defense (Deadly Force)
A complete defense to homicide if the defendant reasonably believes that deadly force is necessary to repel an imminent threat of death or serious bodily injury.
- Reasonable belief of imminent threat
- Threat of death or serious bodily injury
- Necessity of deadly force
- Defendant not the initial aggressor (or effectively withdrew)
Memory trick: Defenses stand, when law's hand is near.