criminal law · defense
Necessity is a defense in criminal law that justifies unlawful actions taken to avoid a significant imminent threat or harm. The defense asserts that the harm avoided must be greater than the harm caused by the unlawful act.
There must be an immediate and imminent threat of harm.
What to prove: The defendant must show that they faced an urgent situation that required immediate action to prevent harm.
The defendant must have exhausted all legal alternatives before resorting to the unlawful act.
What to prove: The defendant must demonstrate that there were no reasonable legal options available to avert the threat.
The harm caused by committing the unlawful act must be less than the harm avoided.
What to prove: The defendant must illustrate that the act taken was proportionate to the harm they were seeking to prevent.
The defendant bears the burden to prove the elements of necessity by a preponderance of the evidence.
When faced with hypotheticals on exams, analyze the facts to identify whether the elements of necessity are met, focusing on the immediacy of the threat and the lack of alternatives.