9.61 Elements of Defense: "Direct Threat" — Statutory Defense is a defense in criminal law that allows a defendant to claim that their actions were taken in response to a direct threat of harm or death. This type of defense is often used in self-defense cases, where a defendant claims that they acted out of fear for their own safety and the safety of others. This defense is based on the idea that a person may be excused from criminal responsibility when their actions are taken in response to a direct threat. There are two sub-types of this defense: the "imminent threat" defense and the "immediate necessity" defense. The "imminent threat" defense is used when the defendant can prove that they were faced with a threat that was immediate and unavoidable. The "immediate necessity" defense is used when the defendant can show that their actions were taken in response to a situation that was not immediate but was an unavoidable and necessary response to the threat. Additionally, the defendant must show that their actions were proportional to the threat. In order for this defense to be successful, the defendant must be able to prove all the elements of the defense: the existence of an imminent or immediate threat, the necessity of their response, and the proportionality of their response.