Justification Defenses

Question 1

Necessity

Answer 1

‣ the defense of necessity is available when a person is faced with a choice of two evils and must then decide whether to commit a crime or an alternative act that constitutes a greater evil

Note: you cannot have put yourself in the situation

Question 2

Elements of Necessity

Answer 2

1. Force of Nature
2. Imminence
3. Societal good or for the good of others

Question 3

Self-Defense

Answer 3

As a general rule, an individual who is without fault may use such force as she reasonably believes is necessary to protect herself from the imminent use
of unlawful force upon herself. (See discussion infra on reasonableness and unlawful force.) There is no duty to retreat before using non-deadly force, even if retreat would result in no further harm to either party.