Necessity And Duress

Question 1

Necessity applies when the alleged crimes:
1.
2.
3.
4.

Answer 1

1. Were necessary as an emergency measure;
2. To avoid an imminent public or private injury that is about to occur;
3. Not caused by the defendant; and
4. Which is of sufficient gravity to outweigh the criminal conduct

Question 2

For ____________ there must be evidence of unforeseen emergence of an emergency requiring immediate action to prevent an ___________ __________.

Answer 2

Necessity
Imminent injury

Question 3

For necessity the defendant must also show that the criminal conduct did not exceed what was reasonably necessary to avoid the ________.

Answer 3

Injury

Question 4

Necessity defense is not available when

Answer 4

The defendant has a reasonable legal alternative to avoid the injury

Question 5

_____________ _____________ alone cannot support a choice of crime.

Answer 5

Economic necessity

Question 6

The elements of operating a motor vehicle driving privileges are suspended are:
1.
2.
3.

Answer 6

1. Operating a motor vehicle;
2. While driving privileges are suspended; and
3. The defendant knew his driving privileges had been suspended as the result of his habitual traffic offender status.

Question 7

Is it a defense that the operation of a motor vehicle was necessary to save life or limb in an extreme emergency?

Answer 7

YES! The defendant must bear the burden of proof by a preponderance of the evidence to establish the defense.

Question 8

There are two types of civil disobedience:
1.
2.

Answer 8

1. Direct, which challenges a particular law by breaking that law; and
2. Indirect, which violates a law that is not the object of the protest.

Question 9

Generally, necessity can be a defense to __________________, but is _________ not a defense to ______________________.

Answer 9

Direct civil disobedience
Per se
Indirect civil disobedience

Question 10

To establish duress, the defendant must prove by a preponderance of the evidence that:
1. ?
2.
3.

Answer 10

1. He participated in the crime under compulsion by another who by threat or use of force created an apprehension in his mind that in case of refusal he or another would be liable to immediate death or immediate grievous bodily injury;

Question 11

To establish duress, the defendant must prove by a preponderance of the evidence:
1.
2. ?
3.

Answer 11

2. Such apprehension was reasonable; and

Question 12

To establish duress, the defendant must prove by a preponderance of the evidence that:
1.
2.
3. ?

Answer 12

3. He would not have participated in the crime except for the duress involved.

Question 13

_____ __________ _________ - the court stated with the definition of threat from the general definitions section of the criminal code, noting the definition’s “broad sweep.”

Answer 13

In Parí Materia

Question 14

Necessity is a defense when:

Answer 14

a person reasonably believes that the commission of a crime is necessary to avoid an imminent and greater injury to society than that involved in the crime.

Question 15

Necessity is a defense when a person reasonably believes that the commission of a crime is necessary to avoid an imminent and greater injury to society than that involved in the crime. This is an _________ test.

Answer 15

Objective

Question 16

Necessity is a defense when a person reasonably believes that the commission of a crime is necessary to avoid an imminent and greater injury to society than that involved in the crime. At common law, the injury had to

Answer 16

Come from natural forces

Question 17

Duress is a defense when:

Answer 17

A person reasonably believed that another person would imminently inflict death or great bodily harm upon them or a member of their family if they did not commit the crime.

Question 18

Duress always involves a threat by a

Answer 18

Human

Question 19

Killing an innocent is never the lesser of two evils. True or False

Answer 19

True

Question 20

Entrapment occurs if the intent to commit the crime originated with ______ ___________ rather than with the defendant.

Answer 20

Law enforcement

Question 21

Entrapment exists when
1.
2.

Answer 21

1. The criminal design originated with law enforcement; and
2. The defendant was not predisposed to commit the crime prior to contact by the government.

Question 22

Merely providing the opportunity for a predisposed person to commit a crime is not ___________.

Answer 22

Entrapment

Question 23

There are two different theories of entrapment that jurisdictions follow:
1.
2.

Answer 23

1. The majority “subjective” view focuses on the defendant’s disposition before the offense.
2. The minority (MPC) “objective” view focuses on the nature of the police conduct before the crime.