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AnswerUnder what circumstances might someone assert the defenses of necessity or duress? How
can the defense of entrapment be raised? To what degree does the literature indicate that
these defenses are successful?
1-Reply to
Jerry Ikpechukwu
Jul 13, 2022, 11:32 PM(edited)
An individual may assert the defense of necessity or duress. When they feel that the situation that
caused them to break the law demanded the action. In Florida there are four elements required to
establish the duress or necessity defense. The defendant reasonably believed under the circumstances
that an immediate emergency or danger existed which threatened significant harm to the defendant
or another. The defendant did not intentionally cause the emergency or danger. The defendant had no
way to avoid the emergency or danger except by committing the crime charged. The harm that the
defendant sought to avoid by committing the criminal act must outweigh the harm caused by
committing the criminal act. (“Necessity or Duress Defense under Florida Law | Sammis Law Firm”,
2021) Entrapment is the government’s inducement of an otherwise innocent individual to commit a
crime. When a person feels that they were tricked into committing a crime they can use this
defense. To much discretion is given to law enforcement in their tactics of enforcement. The reason
for this is that government is a business, and to do so is to create financial liability. The government is
much like a corporation that is to be sued. In these situations, the standard is to never admit
fault. Because of this, and because there is no true separation of government. The defense of
entrapment is not successful. As for necessity of duress it depends on the situation and the ideology of
the governance in which the “crime” was committed. But for most situations if the police or
prosecutors on the behalf of the state press charges. There word is the akin to the “word of God” in the
court (sometimes rightfully so. But many times, not) and the defense will not be successful. It is very
important to me that one day that reformation is brought to the American Justice system. Much of
what I have experienced in dealing with American justice, with the exception of appointed judges at
the state level. It has been shameful. Police manufacture crime and the federal government feeds
them, and everybody wins except the people being eaten. This will be the future perspective of
America justice. Just as witch-hunting and just as lynching If this system does not lead to American
destruction. Because in reality it solves nothing. Just like the federal gun law that was just passed. It is
a disgrace and why I am leaning toward studying law.
Necessity or Duress Defense under Florida Law | Sammis Law Firm. Sammis Law Firm. (2021).
Retrieved 14 July 2022, from https://criminaldefenseattorneytampa.com/legal-defenses/necessityor-duressdefense/#:~:text=In%20Florida%2C%20the%20following%20four%20elements%20establish%20th
e,the%20harm%20caused%20by%20committing%20the%20criminal%20act.
2-Reply to:
Arlene Ocana
Jul 13, 2022, 11:13 PM
Duress occurs when a person makes an unlawful threat or “engages in coercive behavior
that cause another person to commit acts that the other person would otherwise not
commit” (Duress, n.d.). The defense of necessity is in regards to an unlawful act that could
not have been avoided and is justified under the belief that the act prevented the
occurrence of harm that could have been more serious. In tort law, necessity defenses are
employed as a public necessity or private necessity (Necessity Defense, n.d.). A person may
assert the defenses of necessity or duress in situations where they see that they could have
absolutely not have acted in a different way and did not intentionally mean to inflict fear or
cause harm to someone.
The literature states that duress occurs when the below factors are present, the legal
equation of duress;
•
•
•
•
•
•
An imminent threat by another
Of death or severe bodily harm
Against the defendant or close friend orrelative (not limited to the Model Penal Code)
That causes the defendant (reasonable person to commit a criminal act
Defendant did not place himself/herself in the situation
Defendant did not kill another (not in Model Penal Code)
Realism is the most persuasive justification for duress, stating that the law cannot expect
people to act in a heroic fashion and resist threats of death or serious bodily harm
(Lippman, 2019). There are several elements that embody the defense of duress. Given that
the individual claiming a defense like necessity or duress must have assessed all other
alternatives that did not violate law and leaving the clear choice of committing the unlawful
act as the best choice given the situation, these defenses can be unsuccessful. Usually when
people are under these kind of overwhelming situations where they react rather than think
about their alternatives, they choose life and protecting themselves in whatever way.
“Duress is permitted as a defense only when a criminal act was committed because there
was no other opportunity to avoid the threatened danger.” (Lippman, 2019).
3-Reply to:
Courtney Jackson
Jul 13, 2022, 8:28 PM
The defenses of both necessity and duress are two of the most basic, or fundamental
defenses in criminal law. The defense of necessity refers to when “a criminal act is justified
when undertaken to prevent an imminent, immediate, and greater harm” (Lippman, 2019,
p. 1269). The defense of duress is when a “crime is excused when committed to avoid what
is reasonably believed to be the imminent infliction of serious physical harm or death”
(Lippman, 2019, p. 1269). Someone may assert these defenses in acts of self defense or self
preservation. That may look like battery against someone trying to rob you, or trespassing
while running away for safety for example. The defense of entrapment may be raised when
the following occurs: “governmental inducement of an otherwise innocent defendant to
commit a crime (subjective test) or based on governmental conduct that falls below
accepted standards and would cause an innocent individual to commit a criminal offense
(objective test)” “Lippman, 2019, p. 1262).
AnswerDoes it appear that defenses are equally assertible for persons falling under different
demographic populations? In other words, are defenses to crimes equally effective between
men and women, people of different races, religions, and ethnicities? Why or why not?
4-Reply to
Jerry Ikpechukwu
Jul 13, 2022, 11:55 PM(edited)
The answer to this is a laughable No. I was told the answer to this is to stop sagging my
pants, and to stay in my place. Also it was advised to me that as a black man of experience
and capacity of violence. That I should become a police officer. But back to what I was
saying. My peaceful protest to lack of equal protection under the law is to keep sagging and
to walk more manly. In the place I was told to stop sagging. I was told that how they
peacefully protest is that they litter. They don’t throw trash in the dumpster they throw it
on the ground. Equal protection under the law. This is joke . I’m sorry I as a black man I
walk into the court guilty. Because of this the police even with body cameras have extreme
leverage in their dealings. Most black men I know , especially if they are African ,they are
terrified of them.(These dudes like this SMH , they are the black “leaders”. If im right who is
leading . We can all agree that the fault of justice is that it is used not only punish or prevent
crime . But to gain and maintain political power. I am glad I live in the times were records
cannot so easily be destroyed and where authentification in the future can be guaranteed
)As such they dominate , manipulate , and judges on the streets as they wish . Crossing the
line of illegality as they see fit. This is not the same for a black woman, a homosexual , a
trans, and not for a Hispanic person that is on their side of the country, that is not sagging
their pants.
5-Reply to the instructor who is discussing the above reply
Ginger Devine
replied toJerry Ikpechukwu
Jul 14, 2022, 7:24 AM
Jerry: We cannot argue with your experiences, and the statistics are in line as
well. We tend to focus on race when discussing disparities in the cirminal justice
system, but often the key or co-factor is socioeconomic status, which may
overlap with race. Also, we tend to ignore disparities based on gender. In fact,
we are seeing a rise in incarceration of female offenders. Criminal defenses are
available to all–the question is whether those within the system apply the law
equally to all within our borders. We want and strive for Equal Protection under
the laws, but the human reality is something we need to discuss this week. There
is a difference between the right to assert defenses and their success and
disparities in our criminal justice system. The article below does an excellent
job, including graphics, of highlighting this national conversation and disparities
we see in the system:
Prison Policy Initiative. (2019, May 14). Policing Women: Race and gender
disparities in police stops, searches, and use of force.
. https://www.prisonpolicy.org/blog/2019/05/14/policingwomen/
What do you think about these stats, class?
6-Reply to:
Laura Gutierrez
Jul 13, 2022, 11:47 AM
Greetings Professor and Class,
The Constitution promises equal protection under the law and prohibits the discrimination
on the basis of race, ethnicity, and gender. Unfortunately just like in every place of business,
schools, restaurants, etc.. equality and discrimination is not always positive. I think that
there is a difference in defense when it come to the different demographic populations as it
is unfortunate that minorities have always received less legal support due to the lack of
money to pay for a private attorney or lawyer. As to religion, there has been more violence
against Muslims after the September 11 terrorist attacks, most of them are seen or
categorized as terrorists and evil people. I think that when it comes to men and women
defenses to crime, men are treated harsher than females, probably because society
perceives females as the weaker sex, Honestly, I think defenses comes down to social class
and color.
Blessings,
Laura https://lawyerscommittee.org/wp-content/uploads/2018/07/LC_Life27sWorth_FINAL.pdf

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