Defenses Flashcards
What are some imperfect defenses?
- Sincere but unreasonable
- Deadly force to nondeadly response
- D provoked it
What is the difference between necessity vs. duress?
- Necessity = force of nature source, mens rea (free will to avoid harm/do good)
- Duress = person is source, actus reus (compelled to do something - involuntary act)
Duress is really more about actus reus than necessity. Necessity means you’re freely choosing to do something.
Duress means you were forced to do something—you didn’t do it voluntarily.
What is duress under the MPC?
- Affirmative defense = actor engaged in the conduct because he was coerced to do so by the use of, or a threat to use that a person of reasonable firmness in his situation would have been unable to resist.
- unavailable if recklessly/negligently acts that results in duress type situation.
- if conduct is justified then justification defense not precluded
What is Justification generally under the MPC?
(Choice of evils). Conduct that the actor believes to be necessary to avoid a harm to himself or other but must include:
- the harm avoided by conduct is greater than harmed prevented by the law defining the offense
- law doesn’t have exceptions or defenses for offense
- no a legislative purpose to exclude the justification
- when reckless or negligent no justification
What is the holding of Nelson v. State?
3 elements for justification: 1) the act charged must have been done to prevent a significant evil; 2) there must have been no adequate alternative; 3) the harm caused must not have been disproportionate to the harm avoided
PTP: reckless disregard (not purposeful)
F: truck stuck in mud, uses other’s equipment to get out
How is reasonableness viewed under Nelson?
2 kinds of reasonableness
- reasonable belief that an emergency existed and that there was no alternatives
- weigh actions against the harm reasonably foreseeable at the time (objective)
How can Dudley and Stephens be viewed under defenses?
Is it about defense or excuse?
