Lesson 18: Necessity
Welcome to Lesson 18 of our exploration into criminal law fundamentals. In this lesson, we will delve into the defense of necessity. This is a crucial concept under the broad topic of criminal law that allows defendants to argue that their illegal actions were justified under the circumstances.
What is Necessity?
The defense of necessity, also known as the "choice of evils" defense, allows a defendant to argue that their actions were necessary to prevent a greater harm. This defense is not universally available and is often subject to strict legal standards.
Elements of Necessity
To successfully use the necessity defense, the defendant must typically prove the following elements:
- A significant immediate threat or emergency situation.
- No reasonable legal alternative to violating the law.
- The harm caused by violating the law was lesser than the harm avoided.
Diagram: Elements of Necessity Defense
Case Example
Consider a scenario where a person breaks into a cabin in the woods to seek shelter from a severe storm that threatens their life. In this case, the following conditions might apply:
- The storm is an immediate threat to life (immediate threat).
- There are no other shelters available (no reasonable legal alternative).
- Breaking into the cabin causes less harm than potentially dying from exposure (lesser harm caused).
Mathematical Representation of Lesser Harm
We can represent the concept of lesser harm mathematically as:
\[ H_{\text{violation}} < H_{\text{avoided}} \]
Where \( H_{\text{violation}} \) is the harm caused by the illegal action, and \( H_{\text{avoided}} \) is the harm avoided by taking that action.
Challenges of the Necessity Defense
The necessity defense is often challenging to assert because it requires a careful balance of harms and immediate threats. Courts generally scrutinize this defense closely to ensure it is not misused.
Further Reading and Resources
For more in-depth information on related topics, consider reading:
For additional authoritative resources, you can visit the Wikipedia article on Necessity. For further reading, consider this selection of books on Amazon.