Necessity defense

how to measure which evil is greater?

1 compare expected evils 2 weigh those evils objectively 3 your crime must be necessary, with no level alternatives

limitation: what you do can't be contrary to legislative intent. what does it mean and give an example.

if the legislature has considered and rejected allowing people to do what you did for the reasons you did it, it is not a defense i.e. before marijuana was legal, you poses marijuana, you suffer from a terrible illness and using marijuana reduces your suffering, in some jurisdictions you lose because legislature in some jurisdictions say no you cant use it. end justifications

limitation: what is the clean hands rule? example?

if you are responsible for your greater harm you are trying to avoid you cannot claim necessity i.e. if you set the prison on fire you cannot break out of prison and claim necessity

necessity defense is what type of defense?

justification

limitation: can this be used if i kill someone out of necessity?

this is never a defense to homicide

what must you do to claim the necessity defense?

you must chose a lesser evil to avoid a greater evil

example of the necessity defense?

you're lost in the woods and starving so you break into a cabin and steal food. breaking and entering, usually a crime but here you claim necessity.