Which of the four excuse defenses against a criminal charge do you feel would be best suited to someone charged with manslaughter after unintentionally running over a pedestrian in a crosswalk and killing her? Why do you feel the excuse defense you chose would be the best one?
What will be an ideal response?
?The mistake defense (specifically, the mistake of fact defense) would probably be the best defense to use in this case.·Although there is no guarantee that the mistake defense would be a successful one, infancy, insanity (assuming the defendant is sane), and intoxication (assuming the defendant is sober) are all much less likely to be successful.·With the mistake of fact defense it could potentially be argued that the defendant did not know the pedestrian had the right of way and was, therefore, surprised when the woman stepped out into traffic.
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