Closed Memo

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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 elements because the hurricane winds were an immediate threat of serious bodily harm, he did not have time to make a complaint to authorities, and he used no force or violence to make his escape to flee the impending dangers.

STATEMENT OF FACTS
After an argument with his wife, McAnzen wife left the home to recollect her thoughts while relaxed with a six-pack of beer while tuning into the local news station. The news graphically described the Hurricane that was predicted to hit but he didn’t give any warranty to it. Over the two-hour period, he consumed four of the six beers. A neighbor interrupted his television viewing to enlighten him of the actual severity of the storm and advise that McAnzen and his wife leave with him immediately. He declined the offered ride but began to worry about his wife’s absence. Although the weather began to worsen, he felt morally obligated to wait for his wife but could not find her. After waiting as long as he could he acknowledged that he had been drinking earlier in the night but if he did not leave he would have been endangered by the violent hurricane. He most likely wouldn’t survive the wrath of Hurricane Katrina. While driving he was being extremely careful but decided to put a CD in to assure he would stay awake and in doing so he crossed the centerline. He was then pulled over, in the middle of a detrimental hurricane, and eventually arrested for driving under the influence. After being pulled over for a traffic stop during the onset of Hurricane Katrina, McAnzen fled the scene as an “intention to avoid impending danger. After initially being pulled over and failing a field sobriety test, a huge gust of wind knocked over the arresting officer giving McAnzen time to escape the scene. He left the scene because he panicked after seeing the strong wind blow over the officer, which created a fear for his life. He fled to his sister’s home in Florida and when returning to Mississippi, he went immediately to his home, which...
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