Question

Late one evening, a cook at a diner coming off his shift was grabbed in the parking lot by a large man wearing a ski mask. The man threatened to kill the cook and demanded his wallet. The man then pulled a knife from his pocket and lunged at the cook. The cook, having taken several self-defense courses, was able to fend off the man’s attack. After being struck by the cook several times, the man dropped the knife and fell to the ground. The cook, angry at the assault, took the knife and stabbed the man, killing him instantly. Should the cook be convicted of murder?

Answer 1

Answer:she should be charged with second degree murder

Explanation:the man was no longer dangerous to her since he was lying down and the knife had fell down so this is voluntary manslaughter as the cook was driven by the emotions at the moment of being nearly killed. Even though beating the man as self defence can be justified however after the man fell and lost the knife that was the end of self defence ,killing him when a man is already lying down and defenceless can not be justified since it can be said that the cook was out of harms way when she killed the man.