MBE Rules · Criminal Law
Necessity (choice of evils)
The rule
Necessity is a defense when the defendant reasonably believed that criminal conduct was necessary to avoid a greater imminent harm caused by natural forces (not human threats), the harm avoided outweighed the harm caused, and no lawful alternative existed. Traditionally not a defense to intentional homicide.
In plain English
The lesser-of-two-evils defense: breaking into a cabin to escape a blizzard, driving on a suspended license to reach a hospital. Duress covers human threats; necessity covers natural or situational pressure.
The trap
Necessity does not excuse killing an innocent to save others (the Dudley & Stephens rule).
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