Smith joined a neighborhood gang. At a gang meeting, as part of the initiation process, the leader ordered Smith to kill Hardy, a member of a rival gang. Smith refused, saying he no longer wanted to be part of the group. The leader, with the approval of the other members, told Smith that he had become too involved with the gang to quit and that they would kill him if he did not accomplish the murder of Hardy. The next day Smith shot Hardy to death while Hardy was sitting on his motorcycle outside a restaurant. Smith 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 all other murder at common law. If Smith killed Hardy because of the threat to his own life, Smith should be found 
not guilty, because of the defense of duress.  not guilty, because of the defense of necessity.  guilty of first-degree murder. guilty of second-degree murder.
Question: Smith joined a neighborhood gang. At a gang meeting, as part of the initiation process, the leader ordered Smith to kill Hardy, a member of a rival gang. Smith refused, saying he no longer wanted to be part of the group. The leader, with the approval of the other members, told Smith that he had become too involved with the gang to quit and that they would kill him if he did not accomplish the murder of Hardy. The next day Smith shot Hardy to death while Hardy was sitting on his motorcycle outside a restaurant. Smith 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 all other murder at common law. If Smith killed Hardy because of the threat to his own life, Smith should be found 
A. not guilty, because of the defense of duress. 
B. not guilty, because of the defense of necessity. 
C. guilty of first-degree murder.
D. guilty of second-degree murder.
Answer: