Misc. Defenses

Question 1

miscellaneous defenses

Answer 1

• necessity
• duress
• consent
• entrapment
• mistake of law
• mistake of fact

Question 2

necessity

Answer 2

valid defense if D believed his conduct was reasonably necessary to avoid an imminent and greater injury to society
- Objective standard: D’s commission of crime must be reasonably necessary (good faith alone is NOT sufficient)
- Imminent harm: of non-serious bodily injury & property damage
- NO economic necessity

NOT: civil disobedience

natural causes

Question 3

necessity requirements

Answer 3

1. greater natural harm
2. NO alternative
3. Imminent (not future harm)
4. situation NOT caused by D

picked lesser evil

Question 4

necessity exceptions

Answer 4

necessity NOT available if either:
1. crime committed results in death of another, OR
2. D caused the events giving rise to necessity

Only lesser evil IF # of people dying is lesser. NOT trading a life for a life (eg, if B is about to die, A cannot kill C to save B - zero sum game)

Question 5

duress