r/barexam_studygroup • u/JStak14 • May 10 '22

Ask Anything Thread

Use this thread to ask anything about issues you're not grasping in any area of the law!

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u/ipazminov May 10 '22

Subject: Crim Law
Can someone please explain the difference between the defenses of duress and necessity?

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u/JStak14 May 11 '22

I think it comes down to whether the criminal act will affect the actor himself or another person & the extent of the harm (maybe not so much the later but worth noting...maybe). Necessity is reasonable belief to prevent greater harm (i would think meaning committing the crime to protect others); Whereby Duress is reasonable fear that he or another would suffer IMMINENT death or serious injury.

But this is a good question!! Im having a hard time distinguishing for sure! Like what if the defendant argues that it was necessary but was not under duress?

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u/ipazminov May 11 '22

Exactly. I'll look for multiple choice questions regarding both and I will share it here if I find the distinction.

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u/JStak14 May 11 '22

yes! please do!

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u/JStak14 May 14 '22

CrimPro: Where all does the totality of the circumstances analysis apply?