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Unformatted text preview: Necessity Difference from common law : (1) MPC has no imminence requirement; (2) possible to use defense of necessity to murder (CL never a defense to murder) Distinguishing between common law and MPC a. MPC: duress defense is not limited to situations involving threats of death or great bodily harm (broader than common law) b. MPC: No explicit imminence requirement and a duress defense to homicide is possible even if the victim is an innocent. Insanity: MPC and MNaghten- Appreciate as opposed to know and speaks in terms of substantial lack of experience and capacity. MPC Attempt: Focuses on what the D has done, substantial step towards the culmination of the commission of the targeted offense. No impossibility defense...
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This note was uploaded on 05/03/2011 for the course LAW 101 taught by Professor Tort during the Fall '09 term at Brooklyn Law School.
- Fall '09