Criminal Law Keyed to Kadishback
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A man and his friend liked to go out west and practice shooting their guns. They would usually use proper targets, but as the friend was setting up new targets, the man decided to draw his pistol and quickly fires several shots at his friend’s feet, aiming to miss each time. However, one bullet struck the ground and ricocheted striking the friend and killing him.
As an assistant district attorney, you must charge the man with the most serious crime as to which these facts will support:CorrectIncorrect
A father was watching his son’s little league game, but became quite angry at some of the umpire’s calls. When the game was over, the father decided to confront the umpire, over what he thought was incorrect calls. The father and the umpire have a heated argument and the father went and got a baseball bat from the side of the field. The father then beat the umpire to death with the baseball bat.
The father is put on trial for homicide of the umpire, and testified that during the argument, the umpire seized him by the throat, and this caused him to fear he was going to be choked to death, and that’s why he used the bat on umpire.
In the following scenarios, if the jury makes the stated finding, what is the LEAST likely outcome?CorrectIncorrect