Necessity

Definition

Necessity is a legal defense used to justify actions that would otherwise be considered criminal, arguing that those actions were taken to prevent greater harm or danger. This concept balances the need for law and order against the practical realities of urgent situations where harm can be mitigated by breaking the law. It plays a crucial role in analyzing elements of crimes, defenses to criminal charges, and intentional torts by providing a rationale for why certain actions may not be deemed illegal under specific circumstances.

5 Must Know Facts For Your Next Test

1. The necessity defense applies only when there is no reasonable legal alternative to the action taken, meaning the choice was made under extreme pressure.
2. In criminal law, successfully proving necessity can result in a complete acquittal, while in tort law, it may mitigate damages awarded.
3. The harm that one seeks to prevent must be greater than the harm caused by the illegal action; this balance is crucial in establishing necessity.
4. Jurisdictions vary in how they apply the necessity defense; some may have strict guidelines while others allow broader interpretations.
5. The defense cannot be used for actions taken in response to an illegal act that one initiated, as it undermines the principle of personal accountability.

Review Questions

• How does necessity differ from other legal defenses like duress or justification in criminal cases?
  • Necessity differs from duress in that necessity involves acting to prevent a greater harm without any coercion from others, while duress requires a direct threat or force from another person. Justification is more about asserting that the action taken was morally right under the circumstances. In necessity cases, the emphasis is on the emergency nature of the situation and the lack of alternatives, whereas justification focuses on the moral reasoning behind the action itself.
• Discuss how the necessity defense could impact outcomes in both criminal cases and intentional tort claims.
  • The necessity defense can lead to very different outcomes in criminal cases and intentional tort claims. In criminal law, if a defendant successfully proves necessity, they may be acquitted of charges because their actions were justified under extreme circumstances. Conversely, in tort law, while necessity may not absolve a defendant from liability entirely, it can significantly reduce damages awarded by showing that their actions were intended to prevent greater harm.
• Evaluate the ethical implications of using necessity as a legal defense and its potential effects on the justice system.
  • Using necessity as a legal defense raises significant ethical implications regarding accountability and the rule of law. While it can provide a safeguard for individuals who act in emergencies, it also risks being misused by those seeking to justify unlawful behavior. This dual nature can create challenges for the justice system as courts must carefully evaluate each case's context to ensure fairness while preventing abuse of the defense. Balancing these concerns is essential to uphold justice without compromising public safety or legal integrity.

Related terms

Duress: A legal defense claiming that a person was forced to act against their will due to immediate threat or pressure from another.

Justification: A legal principle that allows individuals to argue that their actions were right under the circumstances, even if they violated the law.

Imminent danger: A situation where an immediate threat exists, requiring urgent action to prevent harm or injury.