Necessity Defense: defendant is responding to circumstances and had to commit a crime in order to avoid committing another crime or a bad actElements:1st there has to be an emergency – the emergency cannot be caused by the defendantReasonable fear of serious harm if the criminal act is not doneMust be no reasonable alternative to avoid that harm other than committing that crimeEx. Dougly and Stevens – 3 guys fishing one day and a storm tears up their boat, they have to get in the dingy and waiting for someone to rescue them. They’re catching turtles and eating seaweed to survive. It is clear they are stuck and things are getting worse – they’re going to kill one of them and eat him until they can get help. They decide they’re going to kill the one who doesn’t have a wife and kids. They do it and then are rescued a day later, they were charged with murder. They found them guilty and sentenced them to the Death Penalty. The Queen stepped in and pardoned them.Necessity is an affirmative defenseNecessity is caused by circumstanceDefense of Duress: the defendant is responding to a persona and had to commit a crime to avoid another crime or bad act.Cannot use this defense to a killing but can for other crimesElements:Eminent threat of serious bodily harmThat threat must be cause by someone elseMust be no other reasonable alternative to avoid that harm other than committing the crimeEx. guy killed a woman and couldn’t handle it. Got a group of teenagers and shows them the dead body and tells them they’re going to help him or else he would kill them. They helped him burry the body.Duress is caused by a personSelf Defense: Use of force to prevent attacks on yourself when the government agents are not there to do it for youCannot use this against a future attackCannot use this against a past attack – cant use it to retaliateElements:The self defender who is not the aggressor (didn’t start the fight) may use a reasonable amount of force against his adversary if he is in immediate danger of unlawful bodily harm and the use of force must be necessary to avoid that danger.Excessive force is prohibited – you can only use the amount of force you reasonably believe is necessary to repel the attackNon-deadly force to repel a non-deadly forceDeadly force to repel a deadly forceResponse to force has to proportionate to the facts of the caseImminent attack – not mere threats – mere insults are not enoughThe retreat rule: if possible, you must retreat before resorting to deadly self defense unless you’re at home or on your own land or if you’re at your own business or if you’re a guest in someone else’s house or if you’re at a club where you’re a member or if to retreat would be more dangerous than responding to deadly force (someone’s coming at you and you’re on a subway platform)If you’re responding with non-deadly force, you’re not required to retreat. Police officers never have a duty to retreat whether they use deadly force or notGeneral rule – cannot be the original aggressor and still claim self defense unless you walk up to somebody and shove them, and they respond with non-proportionate force (deadly) you can claim self defenseIf you started the fight you cant claim self defense unless you decide you’ve had enough and withdraw from a fight in good faith and let the other side know in good faith and then that person comes at you again then you can use self defenseDefense of Others: sometimes other people get in altercations and other people come to their defense. If the person that you’re defending had the right to self defend, then anyone that comes to his aid had the right to defend him also if he didn’t have the right to self defend then you can’t come in and defend him.Retreat rule, withdraw, and reasonable force rule apply like self-defense.Defense of Property: a person may use reasonable and necessary force to protect his property from trespass (unlawful use – with your cell phone for example) or theft if he reasonably believes that the property is in immediate danger of unlawful interference and that use of force is necessary to avoid that danger of trespass or theft.You cannot use deadly force to protect mere property unless it’s a defense of habitation case – your own home and the person invading your home is committing a felony (then you can use deadly force)CRJU 314 1st Edition Lecture 2Outline of Last Lecture I. Federal ConstitutionOutline of Current Lecture II. Necessity DefenseIII. Defense of DuressIV. Self DefenseV. Defense of OthersVI. Defense of Property Current Lecture Necessity Defense: defendant is responding to circumstances and had to commit a crime in order to avoid committing another crime or a bad act- Elements:o 1st there has to be an emergency – the emergency cannot be caused by the defendanto Reasonable fear of serious harm if the criminal act is not doneo Must be no reasonable alternative to avoid that harm other than committing that crime Ex. Dougly and Stevens – 3 guys fishing one day and a storm tears up their boat, they have to get in the dingy and waiting for someone to rescue them. They’re catching turtles and eating seaweed to survive. It is clear they are stuck and things are getting worse – they’re going to kill one of them and eat him until they can get help. They decide they’re going to kill the one who doesn’t have a wife and kids. They do it and then are rescued a day later, they were charged with murder. They found them guilty and sentenced them to the Death Penalty. The Queen stepped in and pardoned them. - Necessity is an affirmative defense - Necessity is caused by circumstance Defense of Duress: the defendant is responding to a persona and had to commit a crime to avoid another crime or bad act.- Cannot use this defense to a killing but can for other crimes- Elements:o Eminent threat of serious bodily harm o That threat must be cause by someone elseThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Must be no other reasonable alternative to avoid that harm other than committing the crime Ex. guy killed a woman and couldn’t handle it. Got a group of teenagers and shows them the dead body and tells them they’re going to help him or else he would kill them. They helped him burry the body. - Duress is caused by a person Self