Question

Terrance is showing Manuel his gun collection. Manuel has never before handled a gun. He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is unloaded. Terrance replies that he never puts ammunition in his guns except at the gun range where he goes to practice. Manuel points the gun out the window of the house and pulls the trigger. The gun fires, and a woman walking by on the sidewalk is shot and killed. At his trial, what defense is Manuel likely to use

Answer 1

Answer:

Failure-of-proof defense

Explanation:

Failure of Proof Defense can be defined simply as defendant's acquittal is the result of the prosecution failing to prove one or more of the elements of a crime (Actus Reus, Mens Rea) or leaving reasonable doubt in the mind of the jury.

It usually develops or creates doubt in one or more elements of the offense thereby obstructing the prosecution from meeting its burden of proof.