Necessity and Duress Self-Quiz
Christopher lives in a
town that sits right on the edge of the Hundred Acre Woods. At the
end of a hot and dry summer some brush in the woods catches fire and
a forest fire quickly develops and spreads. The fire is heading toward
the town and Christopher believes that if he burns the row of houses
directly on the edge of the forest he will create a fire wall which
will then protect the rest of the town. Christopher then proceeds
to burn the ten houses that sit right on the edge of the woods. Christopher
is arrested and charged with ten counts of arson. At the trial, the
prosecution shows that the forest fire was about twenty miles away
from the town when Christopher burned the ten houses. The prosecution
then calls the fire chief who testifies that it would have taken two
more days before the fire reached the town. If Christopher tries to
raise a necessity defense to avoid a conviction, he will probably
be:
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Christopher lives in a town
that sits right on the edge of the Hundred Acre Woods. At the end of a
hot and dry summer some brush in the woods catches fire and a forest fire
quickly develops and spreads. The fire is heading toward the town and
Christopher believes that if he burns the row of houses directly on the
edge of the forest he will create a fire wall which will then protect
the rest of the town. Christopher then proceeds to burn the ten houses
that sit right on the edge of the woods. Christopher is arrested and charger
with ten counts of arson. At the trial, the fire chief testifies that,
besides burning the houses, the only way they could have protected the
town was to burn a fire wall in the woods itself. However, the forest
fire was only a few hours away from the town and burning a fire wall in
the forest itself might not have been finished in time. Therefore, burning
the houses was the only option they had. If Christopher tries to raise
a necessity defense to avoid a conviction, he will probably be:
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Christopher lives in a town
that sits right on the edge of the Hundred Acre Woods. At the end of a
hot and dry summer he goes out into the woods to camp out with some friends.
That night, they make a bonfire so that they can roast some hot dogs that
they brought from home. Unfortunately, they do not take the necessary
precautions to keep the fire under control. Some brush in the woods catches
fire and a forest fire quickly develops and spreads. The fire is heading
toward the town and Christopher believes that if he burns the row of houses
directly on the edge of the forest he will create a fire wall which will
then protect the rest of the town. Christopher then proceeds to burn the
ten houses that sit right on the edge of the woods. Christopher is arrested
and charger with ten counts of arson. If Christopher tries to raise a
necessity defense to avoid a conviction, he will probably be:
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Because of a severe drought,
Valjean, local farmer, has not been able to produce any crops for three
straight seasons. Valjean and his family have depleted their own stores
of food and have no money with which to buy more. When Valjean's family
begins to starve, he arms himself with a knife and goes out to the main
road. Valjean hides behind some bushes and waits for a pedestrian to walk
by. Soon, Javert, a wealthy businessman, comes by. Valjean jumps from
behind the bushes, holds the knife to Javert's throat and demands the
money and valuables that Javert is carrying. Valjean takes what Javert
has, apologizes for having to do this and then disappears. Valjean is
caught and tried for robbing Javert. If Valjean tries to raise a necessity
defense, he will probably be:
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Valjean, a poor farmer has
borrowed a significant amount of money from his friend Javert. Because
of a severe drought, Valjean's next three harvests fail and he is unable
to repay Javert when the loan comes due. One morning, one of Javert's
employees comes to Valjean's house and tells him that, if Valjean doesn't
repay Javert in three days, he will come back and kill him. Valjean is
shocked by this incident because Javert has always been a law abiding
and generous man and besides, he and Javert have been good friends for
many years. Javert sends Javert a message saying that he will repay the
loan as soon as he can. However, three days later, Javert's employee returns.
He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean
runs out into the street where he flags down the first motorist he sees,
pulls him out of his car and then jumps in the car and drives away. The
motorist immediately calls the police and Valjean is caught and arrested
a few hours later as he is about to leave the state. Valjean is charged
with robbery. If, he raises a duress defense to try to avoid a conviction,
he will probably be:
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Valjean, a poor farmer has
borrowed a significant amount of money from his friend Javert. Because
of a severe drought, Valjean's next three harvests fail and he is unable
to repay Javert when the loan comes due. One morning, one of Javert's
employees comes to Valjean's house and tells him that, if Valjean doesn't
repay Javert in three days, he will come back and kill him. Three days
later, Javert's employee returns. He breaks Valjean's door down and begins
chasing Valjean with a gun. Valjean runs out into the street where he
flags down the first motorist he sees and tries to pull him out of his
car. The motorist struggles and Valjean, seeing Javert's employee rapidly
approaching, pulls a small pocket knife he carries around out of his pocket,
stabs the motorist and throws him to the ground. Valjean then jumps in
the car and drives away. The motorist immediately calls the police and
Valjean is caught and arrested a few hours later as he is about to leave
the state. The motorist dies of his injuries a few days later. Valjean
is charged with murder. If, he raises a duress defense to try to avoid
a conviction, he will probably be:
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Valjean, a poor farmer has
borrowed a significant amount of money from Javert, the head of the most
notorious crime family in the country. Because of a severe drought, Valjean's
next three harvests fail and he is unable to repay Javert when the loan
comes due. One morning, one of Javert's employees comes to Valjean's house
and tells him that, if Valjean doesn't repay Javert in three days, he
will come back and kill him. Three days later, Javert's employee returns.
He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean
runs out into the street where he flags down the first motorist he sees,
pulls him out of his car and then jumps in the car and drives away. The
motorist immediately calls the police and Valjean is caught and arrested
a few hours later as he is about to leave the state. Valjean is charged
with robbery. If, he raises a duress defense to try to avoid a conviction,
he will probably be:
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