CJS E211 Lecture Notes - Lecture 24: Deadly Force, Clean Hands, Homicide
Document Summary
Necessity (choice of lesser of two evils) [only used as a last resort defense] Natural forces create (separates necessity from duress) The necessity defense is broader under the code than under common law and many non-code-based statutes. General principle: (threat, fear, imminent danger, bodily harm) Note: the defense is available in non-homicide cases (not a defense for intentional killings or m/s) It is an affirmative defense that actor engaged in criminal conduct b/c she was coerced to do so by use of or threat to use unlawful force against her person or the person of another. The threat to d must be one that that a person of reasonable firmness in the d"s situation would have been unable to resist. Distinguished from common law (much broader than c/l: no limitation by crime is a defense for all crimes (even murder, threat need not be an imminent deadly threat. (can be a physical threat)
