Answer to Question 1
Not guilty by reason of insanity using the M'Naghten standard which is the right/wrong test used to determine whether an individual did not know the nature of an act or that it was wrong and thus may employ the insanity defense. A necessity defense traditionally covered the situation where physical forces beyond the actor's control rendered illegal conduct the lesser of two evils. Recognition of this defense has not been as pronounced as in other areas such as self-defense and insanity. A necessity example might include a situation in which someone who is legally intoxicated drives their child who is having an asthma attack to the emergency room.As its name implies, duress simply means that an individual has been forced to do something against his or her will. Evidence of duress, when presented in court, may serve to mitigate or entirely excuse an individual's actions.Duress has been employed in numerous cases in which families, friends, or loved ones were threatened. Self- defense pleas often are considered justifiablewith acquittal as a result. Traditionally, the requirements for successful claims of self-defense included: (1) an honest and reliable belief that the use of force; (2) was necessary to repel; (3) imminent and unlawful force; and (4) the force exerted was not in excess of that which was necessary.To justify the use of deadly force in self-defense, defendants had to prove that the force used was proportionate to the initial force, and that the force was necessary to protect life, to escape serious bodily harm or rape or, in some states, to halt a robbery. In addition, the courts consistently ruled that the threat precipitating the force must have been immediate.
Answer to Question 2
a
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