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1. If the young woman killed the rival gang member because of the threat to her own life, the young woman should be found
The young woman is charged with first-degree murder. First-degree murder is defined in the jurisdiction as the intentional premeditated killing of another. Second-degree murder is any other murder at common law.
A young woman joined a neighborhood gang. At a gang meeting, as part of the initiation process, the leader ordered the young woman to kill a member of a rival gang. The young woman refused, saying she no longer wanted to be part of the group. The leader, with the approval of the other members, told the young woman that she had become too involved with the gang to quit and that they would kill her if she did not accomplish the murder. The next day the young woman shot a member of a rival gang to death while the rival gang member was sitting on his motorcycle outside a restaurant.
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A is incorrect. Duress does not provide a defense to a murder charge; the law recognizes no duress so severe that it will mitigate the intentional killing of another human being.
B is incorrect. Necessity is not available as a defense when the charge is murder; there is no necessity great enough to mitigate the intentional killing of another human being.
D is incorrect. The young woman intentionally, and with premeditation, killed the rival gang member, and is thus guilty of first degree murder and not second degree murder. Since the young woman killed the rival gang member intentionally and with premeditation, and the defenses of duress and necessity cannot be raised to a charge of murder, the young woman is guilty of first degree murder. Adequate provocation is also not an issue here, because premeditated murder does not fall into provocation, which tends to be in the moment.