A store clerk was working the night shift when a man with a gun entered and demanded money from the register. The clerk, fearing for his life, drew a legally concealed firearm and fatally shot the man. Prosecutors charged the clerk with manslaughter. At trial, the clerk argued that his actions were necessary to protect himself from serious harm. What is the most appropriate defense the clerk can assert to justify his actions?
The correct answer is self-defense because it allows individuals to use a reasonable amount of force, including deadly force, to protect themselves from imminent harm or death. For this defense to be valid, the defendant must reasonably believe that the use of such force is necessary to prevent an immediate threat. In this scenario, the presence of the gun and the demand for money constituted an immediate danger to the clerk's life.
The other answers are incorrect because duress refers to committing a crime due to threats against oneself or others, not to defend oneself. Necessity applies to choosing a lesser evil to avoid a greater harm, but it does not specifically address situations of personal physical danger from an aggressor. Entrapment is not applicable here, as the man with a gun was not a law enforcement officer inducing the store clerk to commit a crime.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What conditions must be met for a self-defense claim to succeed in court?
Open an interactive chat with Bash
How is duress different from self-defense as a legal defense?
Open an interactive chat with Bash
What role does 'imminence' play in distinguishing self-defense from necessity?
Open an interactive chat with Bash
Multistate Bar Examination
Criminal Law and Procedure
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .