NECESSITY AND DURESS

Question 1

necessity common law

Answer 1

justification, trying to prevent a greater social harm, typically limited to force of nature, not allowed for homicide
cannot be at fault

three elements

1. act must have been done to prevent to imminent harm
2. no adequate alternative
3. harm caused is the lesser of two evils

Question 2

MPC necessity

Answer 2

choice of two evils
- broader, can use with homicide, NO IMMINENCY REQ, emphasis on whether choice was lesser of two evils

doesnt lose defense becuase at fault in creating situation
- if prosecuted for intetnional crime can still assert necessity defense

Question 3

common law duress

Answer 3

• looking at circumstances defendant was under
  three elements:
  1. another PERSON threatened imminent death or seriou injury against def or close relative
  2. def reasonably believed threat
  3. no reasonable escape from threat

limitations: cannot be at fault for expoure to threat and no defense for homicide

Question 4

MPC duress

Answer 4

broader - threat doesnt have to be imminent (person of reasnoable firmness in def circumstances ocmmitted offense)(quasi obj)
threats to financial loss proper and rep not sufficeint

CAN USE FOR HOMICIDE
DOESNT HAVE TO BE IMMEDIATE FAMILY
cannot be reckless in putting oneself in siutation where probable suject to coercion