Writing Assignment Two: Questions and Answers

Question One:
For Fact Pattern # 2, I’m arguing that Hillary cannot successfully assert the necessity defense. However, for one of the 7 requirements, I'm having trouble arguing that Hillary cannot satisfy that requirement. Any suggestions?

Answer One:
First, remember that Hillary needs to satisfy all of the 7 requirements to successfully assert the necessity defense. If she satisfies one or two of the requirements that doesn’t prevent you from concluding she can’t successfully assert the defense.
Second, remember that requirement 3 of the 7 requirements require a belief to be reasonable not just that Hillary believes it to be true. That adds an objective element to the requirement rather than only including the subjective element of what she believes.
Third, and most importantly, this problem may look one way when you focus only on the comparative numbers - 5 deaths vs. 1 death. There is, however, another aspect to this comparison of relative harms. The 5 people would die of natural causes, but the one person would die as the result of a deliberate act of murder.

Question Two:
In Fact Pattern # 2, the fact pattern says that Hillary's patients need a transplant. Does this mean urgently need or just need sometime in the future?

Answer Two:
The facts don’t answer that question. Therefore, if you think that could make a difference in the application of one or more of the requirements, you should explain why it would matter. You can include both alternatives in your answer. You could say that it would or could make a difference in satisfying a particular requirement you identify if the transplants were needed urgently or sometime in the future. If they were needed urgently, then . . . . If they were only needed sometime in the future, then . . . A suggestion of this kind of "in the alternative" reasoning is included in the Sample Answer to the Forest Fire Fact Pattern in connection the fifth requirement: "Fifth, it was likely there was no other, less harmful way to avoid the town burning down. Clara saw the fire when she was hiking in the woods so it is unlikely that help was near at hand. On the other hand, if it was possible to contact the fire department immediately and have it respond quickly and put out the fire, there would be a less harmful way to prevent the town from burning down."