Closed Memo
JS6557
Professor Pratt
§16, Thursdays, 10:00 a.m.
X
Mailbox # 406
Final Draft Closed Memo
September 5, 2012
Word Count: 2,975
On my honor, I submit this work in good faith and pledge that I have neither given nor received improper aid in its completion.
/s/ JS6557 JS6557
Memorandum
To: Managing Partner Salvo
From: JS6557
Date: September 24, 2012
Re: McAnzen Case
QUESTION PRESENTED
DUI
Under Mississippi law, can McAnzen establish a defense of necessity for his DUI charge, when after realizing the severity of Hurricane Katrina and fleeing his home, he was arrested while driving under the influence even though that action was only done to prevent a significant evil and was his only adequate option to avoid the impending dangers of the storm?
ESCAPE
Under Mississippi common law, can McAnzen establish a necessity of defense to escape when he used no force or violence to flee custody, to avoid the immediate threat of serious bodily harm, after he was pulled over and arrested during the onset of the impending danger of Hurricane Katrina although he did not report himself immediately to proper authorities?
BRIEF ANSWER
DUI Probably yes. McAnzen will probably be able to survive a DUI charge because under Mississippi Law a defendant must meet three elements to establish a defense of necessity to DUI. He will likely meet all three elements because he drove under the influence only to prevent a significant evil, the harm he caused was disproportionate to the harm avoided, and driving was his last adequate option in hopes to avoid the impending dangers of Hurricane Katrina.
ESCAPE
Probably yes. McAnzen will probably be able to evade an escape charge because under Mississippi Law a prisoner must meet four elements to establish a defense of necessity to escape. Although he failed to meet all four of the elements undoubtedly, he will likely be able to establish his defense because he clearly met three of the four
Professor Pratt
§16, Thursdays, 10:00 a.m.
X
Mailbox # 406
Final Draft Closed Memo
September 5, 2012
Word Count: 2,975
On my honor, I submit this work in good faith and pledge that I have neither given nor received improper aid in its completion.
/s/ JS6557 JS6557
Memorandum
To: Managing Partner Salvo
From: JS6557
Date: September 24, 2012
Re: McAnzen Case
QUESTION PRESENTED
DUI
Under Mississippi law, can McAnzen establish a defense of necessity for his DUI charge, when after realizing the severity of Hurricane Katrina and fleeing his home, he was arrested while driving under the influence even though that action was only done to prevent a significant evil and was his only adequate option to avoid the impending dangers of the storm?
ESCAPE
Under Mississippi common law, can McAnzen establish a necessity of defense to escape when he used no force or violence to flee custody, to avoid the immediate threat of serious bodily harm, after he was pulled over and arrested during the onset of the impending danger of Hurricane Katrina although he did not report himself immediately to proper authorities?
BRIEF ANSWER
DUI Probably yes. McAnzen will probably be able to survive a DUI charge because under Mississippi Law a defendant must meet three elements to establish a defense of necessity to DUI. He will likely meet all three elements because he drove under the influence only to prevent a significant evil, the harm he caused was disproportionate to the harm avoided, and driving was his last adequate option in hopes to avoid the impending dangers of Hurricane Katrina.
ESCAPE
Probably yes. McAnzen will probably be able to evade an escape charge because under Mississippi Law a prisoner must meet four elements to establish a defense of necessity to escape. Although he failed to meet all four of the elements undoubtedly, he will likely be able to establish his defense because he clearly met three of the four