Criminal Law, 2011 Bar — Question 43

MULTIPLE CHOICE

To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of state of necessity? (A) No, because the bystanders had nothing to do with the abandoned truck on the road. (B) No, because the injury done is greater than the evil to be avoided. (C) Yes, since the instinct of self-preservation takes priority in an emergency. (D) Yes, since the bystanders should have kept off the shoulder of the road.

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