LAW 140 Chapter Notes - Chapter Crim - Defenses: Eviction, Resisting Arrest, Arson
Document Summary
Justification defenses state exceptions to the prohibitions laid down by specific offenses. : self defense, law enforcement cannot fairly be blamed for admittedly wrongful conduct. Includes doctrine of excuse: recognize claims that particular individuals. General defense of justification or necessity -- claims of necessity or choice of evils often raised by persons protesting politically controversial issues. Act charged must have been done to prevent a significant evil. Harm caused must not have been disproportionate to the harm avoided. See nelson v. state where man"s truck gets stuck so he uses dump-truck of hwy. A. 2. the defense of necessity may be raised if the defendant"s actions, although violative of law, were necessary to prevent a greater harm from occurring. Subjective test defense is available if a person acted in the reasonable belief that an emergency existed and there were no alternatives available, even if that belief was a mistake.
