NECESSITY AND DURESS

Question 1

CL necessity

Answer 1

limited to force of nature not allowed for homicide cannot be at fault

elements

• act doen to prevent an imminent harm
• no adequate alternative
• harm caused is lesser of two evils

Question 2

MPC necessity

Answer 2

choice ofevils
broader, can use for homicide, can be at fault

no imminency req, emphasis on whether choice was lesser of two evils

Question 3

Nelson v State

Answer 3

ruined truck

other alternatives and not imminent

Question 4

CL duress

Answer 4

three elements:
1. antoher PERSON threatened imminent death of serious injury against def or close relative
2 defendant reaosnably believed threat
3 no reasonable escape

limits
cannot be at fault for exposure to threat
no defense in homicide

Question 5

contento pachon

Answer 5

carrying drugs bc family threatened by gang

Question 6

MPC duress

Answer 6

broader, threat to bodily harm doenst have to imminent
as long as person in reasonable firmness would have committed offesne (quasi objective)

threats to financial loss property and reputation insufficient

ok for homicide
doesnt have to be immediate family

cannot be reckless placing oneself in situation wherhe probable suject to coercion