NECESSITY DEFENSE

 

Necessity defense applies mostly to people who commit a criminal act during the emergency situation with an aim of preventing further greater harm. Legal system excuses the criminal act that is not justified. Traditionally, the necessity defense was not applicable to a criminal who killed an innocent person. However, the defendant must believe that real threat required an immediate action and a defendant must have an alternative way to complete the criminal act and lastly the defendant must not himself give to the threat.  In some occasions, the person facing situation is required to do something that is illegal to prevent the harm. In a situation like this, the necessity defense can also be referred to as lesser of two evils. Necessity defense is part of the state’s statutory law and it is commonly recognized as common law.  Despite Federal statute not acknowledges the defense, the Supreme Court recognizes it as part of the common law. In necessity defense, there must be a reasonable belief. For instance, an individual must believe that there was an actual threat that required an immediate action. Necessity defense has been more important in protecting the medics professionals. Though necessity defense is used to protect the medics who are perceived in acting in best of their interest of the patients, the necessity defense lacks self-medication cases. When one is evaluating whether to undertake a criminal act, one has to make sure that no greater harm will rise from the act. There are two types of necessity, namely the public and private necessity.  Public necessity is a type of necessity that involve public interest.

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