Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureEasy
A defendant, driving home late at night on a secluded road, spots a deer in the middle of the road. To avoid hitting the deer, the defendant swerves sharply, losing control of the vehicle. The car veers off the road, crashes into a roadside diner, and kills a patron inside. The defendant was driving within the speed limit and had not consumed any alcohol or drugs. Which of the following is the most likely outcome regarding the defendant's criminal liability for the patron's death?
- ANot guilty of any homicide offense, because the defendant acted reasonably to avoid a greater harm.
- BGuilty of negligent homicide, because a reasonable person would not have swerved so sharply.
- CGuilty of voluntary manslaughter, because the defendant's actions directly caused the death.
- DGuilty of involuntary manslaughter, due to the inherent danger of swerving at high speeds.
Show answer & explanationAnswer & explanation
Correct answer: A. Not guilty of any homicide offense, because the defendant acted reasonably to avoid a greater harm.
The defendant's actions were a reasonable response to an emergency, making the defense of necessity applicable and negating criminal liability for homicide.
Why the other options are wrong
- B. The defendant's action was a reasonable, albeit tragic, attempt to prevent a collision with a deer, not negligent.
- C. Voluntary manslaughter requires an intentional killing, which is not present here.
- D. Involuntary manslaughter requires criminal negligence or recklessness, neither of which is evident in a reasonable evasive maneuver.
Necessity (Defense)
A defense that justifies an otherwise criminal act when it is committed to prevent a greater harm, provided there are no reasonable legal alternatives.
- Defendant faced with a choice of two evils.
- Harm avoided must be greater than harm caused.
- Defendant must reasonably believe the action was necessary.
- No reasonable legal alternatives available.
Memory trick: Necessity: 'No choice but to choose the lesser evil.'