Criminal Law, 2022 Bar — Question 3

ESSAY

Michael was driving along the highway when he executed a prohibited U-turn. Dyords, a police officer, accosted Michael for the traffic violation. A verbal argument ensued between them. Dyords suddenly drew his service firearm and pointed it at Michael. Dyords ordered Michael to alight from his car, which the latter obeyed. Dyords then handcuffed Michael and pinned his head and body against the pavement until he could no longer breathe. Michael died. Charged with Homicide, Dyords interposed the exempting circumstance of accident as a defense. If you were the judge, how would you resolve Dyords' defense? Explain briefly. (5 points)

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