Criminal Law · Necessity
Clear answer to: What Happens When Necessity in Criminal Law? with key cases, examples, and exam tips for law students.
In criminal law, necessity is a legal defense that justifies unlawful actions taken to prevent a greater harm. It recognizes that under extreme circumstances, the law may excuse conduct that would otherwise be punishable.
The necessity defense operates on the principle that an individual may engage in conduct that is typically criminal if it is necessary to prevent an imminent and greater evil. The necessity must be clear, and the harm one seeks to avoid must be more severe than the harm caused by the criminal act. Courts require that the actions taken are proportionate to the danger faced, and necessity is generally evaluated on a case-by-case basis.
The classic case illustrating necessity is *R v. Dudley and Stephens* (1884), where two shipwrecked sailors killed and ate their minor companion to survive. The court ruled that necessity could not be a defense to murder, reinforcing that taking a life, even out of necessity, is impermissible under the law. This case has become a benchmark for discussions regarding the limits of the necessity defense.
In contrast, in *State v. McFadden* (1990), the court recognized necessity as a legitimate defense when the defendant's actions of trespassing were taken to escape a life-threatening situation. This case exemplifies that circumstances can weigh heavily in determining whether a necessity defense is valid. Additionally, submissions in such cases often invoke the 'imminence' of the threat, indicating that the harm to be avoided must be present and immediate.
The defense of necessity is tightly constrained by legal precedents, and the burden is on the defendant to prove that their actions were justified under the conditions. Courts will evaluate factors including the severity of the harm, the immediacy of the threat, and the proportionality of the response in determining whether to accept necessity as a defense.
Overall, when necessity is invoked in criminal law, it serves to highlight the tension between legal strictures and moral imperatives, sparking debates over the justifiability of actions taken in extraordinary situations.
Consider a scenario where a person breaks into a pharmacy to steal lifesaving medication for a loved one dying from an acute medical condition. The act of theft is against the law, but the necessity defense could be argued based on the immediate need to prevent serious harm or death.
Questions on necessity often appear in essay or hypothetical scenarios, requiring students to analyze the factual circumstances against established legal doctrines and case law.