Question

b. Mr. Peters has a legal handgun to protect his home against intruders and against the increasing crime in his neighborhood. One night, Takeshi, a 16-year-old Japanese exchange student, walks up Mr. Peters's driveway looking for a party. Takeshi thinks Mr. Peters is hosting the party and begins yelling and waving his arms. Mr. Peters gets scared, retrieves his handgun, and points it at Takeshi while yelling "Freeze!" Takeshi does not understand English and keeps walking toward Mr. Peters. Thinking he is an intruder, Mr. Peters shoots and kills Takeshi at the front steps of his house. Mr. Peters is charged with first-degree murder. Does he have a defense?

Answer 1

Answer: Subsequently, whether or not Mr. Diminishes features a defense depends on the particular points of interest of the case, and it would be up to the court to decide the sensibility of Mr. Peters's activities in light of the circumstances.

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