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

• School: Irvine Valley College
• Department: Administration of Justice
• Course: AJ 4
• Professor: Watkins

Document Summary

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 avoided; 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 danger;