Question
Terry is a babysitter who was taking care of two children while their parents were at work. The children decided to go swimming in their
Terry is a babysitter who was taking care of two children while their parents were at work. The children decided to go swimming in their backyard swimming pool. Terry didn't know they had decided to go swimming because she was scrolling through TikTok videos on her phone and was distracted. The children drifted over to the deep end of the pool, where they could not stand. They started to yell "Terry! Terry!" Terry heard them but didn't think there was a problem- she thought they were just playing around in their yard. Terry didn't do anything to help them. The children ended up drowning in the pool. Terry is charged with the crime of involuntary manslaughter. What would be her strongest defense?
A. Terry cannot be convicted of involuntary manslaughter because the actus reus requirement of the crime cannot be satisfied since she did not kill the children. B. Terry cannot be convicted of involuntary manslaughter because an ordinary reasonable person would not have realized that the children screaming her name demonstrated a substantial and unjustifiable risk that they could die. C. Terry cannot be convicted of involuntary manslaughter because malice cannot be established in this case. D. Terry cannot be convicted of involuntary manslaughter because she did not have a duty to act.
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