Page 37

Question 0

What is the rule about hot pursuit?

Answer 0

You can use reasonable force in hot pursuit to recover property right after it has been stolen, but not a long time after it is been stolen

Question 1

When does the MPC say you can use deadly force in defense of property?

Answer 1

• if you were being dispossessed of your dwelling
• an intruder is committing a felony against your property and has already used deadly force against you
• if you only used some force to prevent the felony it would create a substantial risk of serious bodily harm to you

Question 2

What are the rules for private citizens and police officers that mistakenly use deadly force to stop a fleeing felon?

Answer 2

• private citizen: not justified

- officer: justified

Question 3

What is euthanasia?

Answer 3

A person can help another die, making it a justified killing

Question 4

What are the circumstances that some states have legalized euthanasia?

Answer 4

Only when the person is terminally ill and wants to use doctor-prescribed drugs to speed up death

Question 5

What is another name for necessity?

Answer 5

Choice of evils

Question 6

What is necessity?

Answer 6

Any situation where you face two evils, one of which violates the literal terms of the law, and the other does not, and you choose the better alternative

Question 7

Necessity can allow you to save what from injury?

Answer 7

Yourself, others, or property

Question 8

Necessity involves pressure on the defendant from what?

Answer 8

Physical circumstances

Question 9

When does necessity justify violating the law?

Answer 9

If the harm from compliance is greater than the result of noncompliance

Question 10

What is the rationale for necessity?

Answer 10

The law promote higher values at the expense of lower ones, so sometimes society’s greater good is to violate the law

Question 11

When are times that a homicide is justified?

Answer 11

During war, public executions, or to save multiple lives

Question 12

What is the difference between duress and necessity?

Answer 12

• duress: D is coerced into committing a crime to avoid harm

- necessity: D chooses to commit a crime to avoid harm

Question 13

What happens in situations where one person is certain to die under emergency circumstances, and if no one acts, then two people will die?

Answer 13

Necessity allows you to save yourself because that would only result in one death instead of two, so long as nothing can be done to save the other person

Question 14

If you are tethered to a mountain climbing partner that is dangling off a cliff and will die, and staying tethered to him will also cause your death, what can you do?

Answer 14

Cut yourself free to save yourself

Question 15

If you are flying your plane, and both engines die, and you can land on a crowded schoolyard or field with one person, what should you do?

Answer 15

Land in the field, because necessity would have let you avoid killing many by just killing one

Question 16

The pressure in a necessity situation must operate on what?

Answer 16

The mind

Question 17

If you are starving, does necessity allow you to steal food?

Answer 17

Yes

Question 18

If you are stranded at sea, does necessity allow you to unilaterally decide who will be sacrificed to save the rest?

Answer 18

Not unless you choose yourself

Question 19

If you are at fault for bringing about the emergency that forces you to choose between the lesser of two harms, do you have a necessity defense?

Answer 19

No. The necessity can’t be your own fault

Question 20

If you are drunk and drive a boat into a race, and then have to drive over a swimmer to avoid hitting lots of people, do you have a necessity defense?

Answer 20

No, because your negligence of driving intoxicated caused the necessity

Question 21

If someone acts with a good motive, but necessity doesn’t apply, can the motive be considered to mitigate punishment?

Answer 21

Yes

Question 22

The law considers every life equal to what?

Answer 22

Every other life, regardless of age, character, health, etc.

Question 23

What happens in situations where there are optional courses of action as far as necessity is concerned?

Answer 23

If there is a third alternative that is less harmful than breaking the law, you must try that route

Question 24

If you are starving, and there’s a soup kitchen you can go to, are you allowed to steal food out of necessity?

Answer 24

No, because you had other optional courses of action

Question 25

Does necessity apply to civil disobedience?

Answer 25

No, because the legal alternatives are never exhausted

Question 26

Is Necessity allowed as a defense for situations when someone sets up a blockade at a nuclear power plant or an abortion clinic thinking those places are doing more harm than good?

Answer 26

No, because those rights are protected by the government

Question 27

What are the elements of necessity?

Answer 27

• harm avoided
• immediate threat
• harm done
• intention to avoid harm or choose the lesser harm
• relative value of harm

Question 28

What is included for the harm avoided element of necessity?

Answer 28

Harm to body or property

Question 29

What types of harm are included in necessity?

Answer 29

Any type of harm

Question 30

If there is a difference between the harm caused and the harm expected for necessity, which harm governs?

Answer 30

The harm that is reasonably expected

Question 31

If your brakes fail and you choose to smash into a house instead of run over a child, but you end up killing two people in the house, what is the focus on?

Answer 31

The harm you expected

Question 32

In a necessity situation when you act with intention to avoid the greater harm, you must also what?

Answer 32

Honestly and reasonably believe the act is necessary

Question 33

If unknown to you, a necessity situation didn’t call for the drastic action that you took, when is necessity still a defense?

Answer 33

As long as you had a reasonable belief

Question 34

What does “relative value of harm” mean for necessity?

Answer 34

The court will weigh the harmfulness of the two alternatives and must conclude that the harm done was less than the harm that could have been done if the defendant had chosen the other alternative

Question 35

Would you have a necessity defense if you saved an expensive painting over another human being?

Answer 35

No because of the relative value of harm

Question 36

Is economic necessity alone enough to justify a criminal act for necessity?

Answer 36

No

Question 37

What is the standard that is used to evaluate the lesser harm theory?

Answer 37

An objective standard from society’s point of view

Question 38

Why do civil disobedience cases not justify violating the law?

Answer 38

Because the harm isn’t usually imminent, and the defendant has other lawful alternatives like trying to change the law