DURESS + NECESSITY

• What are the general defenses discussed in criminal law?

  Duress and necessity
• What is the definition of duress in criminal law?

  Being forced to commit a crime by someone else
• For which crimes is duress not available as a defense?

  Murder, attempted murder, and treason
• What case confirmed that duress cannot be used for murder?

  The case of Howe
• What is duress by threats?

  Committing a crime due to threats of harm
• What types of threats can justify duress?

  Death or serious injury threats
• Can threats to someone else justify duress?

  Yes, if the threat is to someone responsible
• What does the case of Valderrama Vega illustrate about duress?

  Cumulative threats can strengthen a duress claim
• What is the requirement for the threat in duress?

  The threat must be imminent and serious
• What is the Graham test used for?

  To determine justification for breaking the law
• What are the two questions in the Graham test?

  Subjective belief and objective behavior
• What does the first question of the Graham test assess?

  Whether the defendant acted due to fear
• What does the second question of the Graham test assess?

  If a reasonable person would act similarly
• How can characteristics like age affect the Graham test?

  They can influence the reasonable person's response
• What is self-induced duress?

  When a person puts themselves in a threatening situation
• What is an example of self-induced duress?

  Joining a violent gang
• What distinguishes the cases of Shepherd and Sharp?

  Shepherd was surprised by violence; Sharp was not
• What must a defendant show to use duress?

  They were directed to commit a specific crime
• What is duress by circumstances?

  Feeling threatened by the surrounding situation
• In which types of offenses was duress by circumstances initially recognized?

  Driving offenses
• What case expanded the application of duress by circumstances?

  The case of Pommel
• What is required for duress by circumstances to be valid?

  Imminent threat perceived from the situation
• Can duress by circumstances apply if there is no actual threat?

  Yes, if the situation is perceived as threatening
• What is the key difference between duress and necessity?

  Necessity prevents a greater evil, not threats
• What must be proven for necessity to be a valid defense?

  The action must be reasonable and proportionate
• What is an example of necessity?

  Breaking a window to save someone from fire
• Why are courts reluctant to accept necessity as a defense?

  Due to the availability of duress as a defense
• What case illustrates the limits of necessity in criminal law?

  The case of Dudley and Stevens
• In which area of law has necessity been more successful?

  Civil law, especially in medical treatment
• How can necessity apply in emergency medical situations?

  Doctors can treat without consent to save lives
• What is the relationship between necessity and consent in medical treatment?

  Necessity can replace consent in emergencies
• What should be considered when using necessity as a defense?

  It must be reasonable and proportionate
• What are the key points of duress in criminal law?

  • Duress is being forced to commit a crime.
  • Not available for murder, attempted murder, or treason.
  • Two types: duress by threats and duress by circumstances.
  • Duress by threats involves serious threats to oneself or others.
  • Duress by circumstances involves perceived threats from the situation.
• What are the key points of necessity in criminal law?

  • Necessity involves committing a crime to prevent a greater evil.
  • Actions must be reasonable and proportionate.
  • More successful in civil law, especially medical cases.
  • Can replace consent in emergency medical situations.