The term “Necessity” refers to a legal defense in criminal law where the defendant claims that their unlawful actions were required to prevent a greater harm. Unlike duress, where the defendant is compelled to commit a crime due to threats of immediate harm, necessity arises from situations where breaking the law is viewed as the lesser evil to avoid significant negative consequences.
Legal Definition and Elements
The defense of necessity argues that:
- Imminent Threat: There was an imminent threat of significant harm.
- Lesser Evil: The unlawful act prevented a greater harm than it caused.
- No Reasonable Alternative: There were no lawful alternatives to avert the harm.
- Proportionality: The harm caused by the unlawful action must be proportionate to the harm averted.
These elements must be thoroughly demonstrated for the defense to hold in a court of law.
Types and Differentiation from Duress
Necessity
- Imminence: The defendant responds to an emergency situation.
- Lesser Harm: They must demonstrate that their action prevented a greater harm.
- No Personal Threat: The threat is to a larger group or property, not specifically directed at the defendant.
Duress
- Immediate Threat: The defendant acts under immediate threat to their life or safety.
- Directed Harm: The threat is directly aimed at the defendant or their family.
- Human Source: The threat usually comes from another person.
Historical Context
The concept of necessity dates back centuries, often referred to as “the choice of evils.” Historically, it can be traced to cases where sailors stranded on islands consumed fellow crew members to stay alive (R v Dudley and Stephens, 1884).
Applicability and Examples
Applicability
Necessity is applicable in a variety of situations:
- Medical Necessity: Performing an unlawful medical procedure to save a life.
- Natural Disasters: Trespassing during a natural disaster to seek refuge or to save lives.
Examples
- Medical Example: A doctor administering an otherwise illegal drug to save a patient’s life.
- Natural Disaster Example: A person breaking into a cabin in the wilderness to escape a life-threatening blizzard.
Comparisons to Other Related Terms
- Self-Defense: While necessity involves preventing a general harm, self-defense specifically pertains to immediate personal threat.
- Justification vs. Excuse: Necessity is often seen as a justification for breaking the law, rather than an excuse.
FAQs
Q1: Can necessity be used as a defense for all crimes?
- A1: No, necessity is typically not a valid defense for serious crimes like homicide.
Q2: How is necessity proven in court?
- A2: Through evidence showing the imminent threat, lack of alternatives, and proportionality of the defendant’s actions.
Q3: Can necessity overlap with other defenses?
- A3: It can share similarities with defenses like duress and self-defense but focuses on preventing greater harm rather than immediate threats.
References
- Smith, J. (2005). Criminal Law. Oxford University Press.
- Hart, H., & Honore, T. (1985). Causation in the Law. Oxford University Press.
- “Necessity (law).” (n.d.). In Britannica Online Encyclopedia.
Summary
In conclusion, necessity serves as a legal defense in criminal cases where the defendant argues that their unlawful actions were necessary to avert a greater harm. This defense hinges on a clear demonstration of the imminent threat, lack of lawful alternatives, and proportionality of the actions taken. Its roots are historical, providing a nuanced argument within criminal law that prioritizes moral reasoning in extraordinary circumstances.
