Under common law, a person is justified in violating a criminal law if six elements are present. Name four of these.

What will be an ideal response?


Answers may include any of the following six elements:

The actor must be faced with a clear and imminent danger.
The actor must expect, as a reasonable person, that his or her action will be effective in 
abating the danger sought to be avoided.
The actor may not successfully claim the defense if there is an effective legal alternative 
available.
The harm caused must be less than the harm avoided.
The legislature in the state must not have decided the balancing of the choice and 
legislated against it.
The actor must not have wrongfully placed himself or herself in the situation that 
requires the choice of evils.

Criminal Justice

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What will be an ideal response?

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