Flashcards in Page 37 Deck (39):
When does the MPC say you can use deadly force in defense of property?
- 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
What is the rule about hot pursuit?
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
What are the rules for private citizens and police officers that mistakenly use deadly force to stop a fleeing felon?
- private citizen: not justified
- officer: justified
What is euthanasia?
A person can help another die, making it a justified killing
What are the circumstances that some states have legalized euthanasia?
Only when the person is terminally ill and wants to use Dr. prescribed drugs to speed up death
What is another name for necessity?
Choice of evils
What is necessity?
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
Necessity can allow you to save what from injury?
Yourself, others, or property
Necessity involves pressure on the defendant from what?
When does necessity justify violating the law?
If the harm from compliance is greater than the result of noncompliance
What Is the rationale for necessity?
The law promote higher values at the expense of lower ones, so sometimes society's greater good is to violate the law
When are times that a homicide is justified?
During war, public executions, or to save multiple lives
Is the difference between duress and necessity?
- duress: defendant is coerced into committing a crime to avoid harm
- necessity: defendant chooses to commit a crime to avoid harm
What happens in situations where one person is certain to die under emergency circumstances, and if no one acts, then two people will die?
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
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?
Cut yourself free to save yourself
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?
Land in the field, because necessity would have let you avoid killing many by just killing one
The pressure in a necessity situation must operate on what?
If you are starving does necessity allow you to steal food?
If you are stranded at sea, does necessity allow you to unilaterally decide who will be sacrificed to save the rest?
Not unless you choose yourself
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?
No, The necessity can't be your own fault
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?
No, because your negligence of driving intoxicated caused the necessity
If someone acts with a good motive, but necessity doesn't apply, can the motive be considered to mitigate punishment?
The law considers every life equal to what?
Every other life, regardless of age, character, health, etc.
What happens in situations where there are optional courses of action as far as necessity is concerned?
If there is a third alternative that is less harmful than breaking the law, you must try that route
If you are starving, and there's a soup kitchen you can go to, are you allowed to steal food out of necessity?
No, because you had other optional courses of action
Does necessity apply to civil disobedience?
No, because the legal alternatives are never exhausted
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?
No, because those rights are protected by the government
What are the elements of necessity?
- Harm avoided
- immediate threat
- Harm done
- intention to avoid harm or choose the lesser harm
- relative value of harm
What is included for the harm avoided element of necessity?
Harm to Body or property
What types of harm are included in necessity?
Any type of harm
If there is a difference between the harm caused and the harm expected for necessity, which harm governs?
The harm that is reasonably expected
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?
The harm you expected
In a necessity situation when you act with intention to avoid the greater harm, you must also what?
Honestly and reasonably believe the act is necessary
If Unknown to you, a necessity situation didn't call for the drastic action that you took, when is necessity still a defense?
As long as you had a reasonable belief
What Does relative value of harm mean for necessity?
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
Would you have a necessity defense if you saved an expensive painting over another human being?
No because of the relative value of harm
Is economic necessity alone enough to justify a criminal act for necessity?
What is the standard that is used to evaluate the lesser harm theory?
An objective standard from society's point of view