AJ 4 Lecture Notes - Lecture 21: Jury Instructions, Ant-Zen, Antipsychotic

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Jeff Koo
AJ 4
Criminal Law
Fall 2018
4 Units
Necessity & Duress
Affirmative defenses
Require preliminary showing to get the jury instruction
1 you cannot be the first aggressor, you cannot have created the harm
that causes the necessity, you cannot be responsible for putting yourself in
the sitch
2 there must be no other reasonable alternative
3 there must be an imminent threat
4 the defendant must choose the lesser of the two evils
Necessity is rarely going to work for property
Necessity is not a defense to murder queen v Dudley
You cant value your life over someone elses life there is no
lesser of two evils, theyre equal
Necessity Elements when present, no crime occurred:
Act must have been done to prevent a significant evil;
There must have been no adequate alternative;
The harm caused must not have been disproportionate to the hard
Typically arises when nature causes some situation;
Nelson v. State (38) insufficient circumstances to warrant
stealing/damaging large equipment, seeing as Ds car wasn’t actually in
Queen v. Dudley & Stevens (38) lost-at-sea men who kill boy are not
stealing car to save sister hypo
sister charged as accomplice
mere presence plus knowledge is not an accomplice
Imminent threat of harm
Serious threat of bodily harm
Theres a well grounded fear that its imminent and it will be carried
out and there is NO opportunity to escape
Cannot use duress as a complete defense to murder
Don’t value property as much as people and human lives
Duress Elements:
Immediate threat of death/serious bodily harm;
Well-grounded fear that the threat will be carried out;
No reasonable opportunity to escape;
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