10. The businessman is prosecuted for manslaughter. He should be

D is correct. Manslaughter is a death caused by criminal negligence or recklessness under the Model Penal Code. A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow. Voluntary intoxication is no defense to recklessness crimes. Even though recklessness calls for a conscious disregard of a substantial risk, a person who was not aware of the risk because of voluntary intoxication will still be deemed to have acted recklessly. Additionally, self-defense will not be a defense if the defendant unreasonably but honestly believed in the necessity of his actions. Thus, the businessman should be convicted of manslaughter because he recklessly caused the death of a human being, and he has no valid self-defense claim.

A is incorrect. To successfully raise a self-defense claim, the businessman must not only believe that he faced an imminent threat of death or severe bodily injury, but also that belief must be reasonable. The businessman's apprehension of danger was unreasonable on its face, so he cannot make a proper self-defense claim.

B is incorrect. The businessman did not need to appreciate the risk he was creating to be found guilty of manslaughter. In addition, his voluntary intoxication was one of the reasons for his recklessness and will not serve as a defense.

C is incorrect. A proper claim of self-defense does not require that the person actually be in danger, but rather that the person reasonably believes he is in danger, even if it is not true. Since the businessman's belief that he was acting in self-defense was unreasonable, and because he recklessly killed another human being, he should be convicted of manslaughter.