Justifications and Excuses

Question 1

Elements of Necessity

Answer 1

1. Harm avoided must be greater than harm caused by committing the criminal act.
2. Harm sought to be avoided must be immenint.
3. There must be no lawful alternative available to avoid the harm.
4. Defendant must not be responsible for creating the situation giving rise to the harm they were trying to avoid.
5. Committing the lesser crime will prevent the greater crime (or at least it is reasonable for the defendant to believe so)
6. Defendant must not continue the illegal conduct after the harm was averted.

Question 2

When is “necessity defense” barred?

Answer 2

In Murder and Indirect Civil Disobedience

Question 3

When is a “necessity defense” allowed (under special attendant circumstances)?

Answer 3

In Prison Escape and Direct Civil Disobedience

Question 4

Elements of a Necessity Defense for Prison Escape

Answer 4

1. There was no imminence of threat and they should have turned themselves in once escaped.
2. If there is a reasonable legal alternative to violating the law, a chance to both refuse to do the criminal act and also to avoid the threatened harm, defense will fail.
3. In the context of prison escape, escapee is not entitled to claim a defense of duress or necessity unless and until he demonstrates that given the imminence of threat, violation of act was his only reasonable alternative.

Question 5

Elements of Duress Exxcuse

Answer 5

1. Defendant was faced with an immediate threat of death or serious bodily injury (to self or others)
2. Defendant was placed in reasonable fear that the threat would be carried out if they did not commit the crime
3. Defendant had no reasonable alternative to escape the threatened harm and avoid committing the crime
4. Defendant was not at fault for creating the situation that produced the duress
5. Defendant did not commit murder

Question 6

What is the burden of proof for a duress excuse

Answer 6

Defendant must establish by preponderance of evidence

Question 7

Policy Justification for Duress

Answer 7

Allows defendant to avoid liability because coercive conditions or necessity negates the conclusion of guilt even though there was necessary mens rea

Question 8

Elements of Intoxication Defense

Answer 8

1. Was person intoxication;
2. Causal connection between intoxication and commission of prohibited act.

Question 9

What kind of intent can intoxication negate?

Answer 9

Intoxication can be defense to specific intent crime but not general intent crime.