Necessity & Duress

Question 1

Necessity Defense at CL

Answer 1

(a) Defendant has reasonable belief
(a) defendant faces significant harm,
(b) the harm is of natural origin,
(c) defendant has clean hands.
(d) legislature has not precluded action and
(e) there is no adequate legal alternative.
(f) the threat is immediate and dire,
(g) harm caused is less than harm avoided,
(g) harm caused is not death.

Question 2

Duress Defense at CL

Answer 2

(1) Defendant has reasonable belief (subjective and
objective)
(2) The defendant faces a threat of human origin**
(3) The threatened harm is unlawful**
(4) The threat is to inflict death or serious bodily
injury
(5) The defendant is not at fault for exposing herself
to the threat
(6) Threatened harm is immediate
(7) There is well‐grounded fear that threat will
be carried out
(8) There is no reasonable opportunity to escape
threatened harm
(9) The harm caused by the defendant is
something less than death