Question
Gerald tells Nancy that he is planning to confront Dan, a known gang member, and beat him senseless. Nancy, whose sister was attacked by a
Gerald tells Nancy that he is planning to confront Dan, a known gang member, and "beat him senseless." Nancy, whose sister was attacked by a member of the same gang, thinks that this is a great idea and tells Gerald the name of a park, which she knows Dan frequents. When Gerald gets there, he assaults Dan in front of Barry. Barry watches the entire attack, smiling, but does nothing to stop it. Barry is charged with assault on a theory of accomplice liability. His best defense to that charge is:
A. He was too frightened to act in Dan's defense.
B. He did not take any action to assist Gerald.
C. He owed no legal duty to rescue Dan.
D. He did not have criminal intent.
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