Ferguson Protesters Did Not "Loot" McDonalds Sunday Night

[bigtree]

90. it's fortunate then that you don't get to define that emergency

. . . a court would, and would likely send you packing with a claim like yours.

I don't know why you see fit to express such right-wing tripe on a mostly progressive forum, talkguy365.


What do I have to show to assert the legal defense of necessity?

1.1. Preventing significant bodily harm or evil

The first thing you have to show to assert the necessity defense is that you committed a crime 1) in an emergency, and 2) in order to prevent "significant bodily harm or evil" to either yourself or someone else.

The dictionary definition of an "emergency" is an unforeseen set of circumstances requiring immediate action. So the necessity defense will only be effective if you committed a crime in a situation that was unexpected, where you needed to act fast.

(But, unlike with the legal defense of duress you don't have to have acted so quickly that you didn't have time to consider your options.)

The "significant bodily harm or evil" requirement means that you need to have acted to prevent a fairly serious harm, usually death or injury to you or someone else. But someone's life doesn't actually have to be in danger.

http://www.shouselaw.com/necessity.html#1.1