Which defense is based on the defendant acting to avoid a greater harm?

Which defense is based on the defendant acting to avoid a greater harm?

• A. Necessity
• B. Duress
• C. Self-defense
• D. Entrapment

Answer: (A)

Necessity applies when a person commits a crime to prevent a greater imminent harm. The idea is that a dangerous situation forces a choice, and the criminal act is viewed as the lesser of two evils because it prevents a more serious harm. For it to work, the threat has to be imminent, there must be no legal alternatives that would avoid the harm, the defendant’s response must be proportional to the danger, and the harm avoided must outweigh the harm caused by the crime. This is distinct from self-defense, which protects against harm from an immediate aggressor, and from duress, which involves being forced to commit a crime under threat by another person. Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. In a scenario describing avoidance of a greater harm, the defense most appropriately fits necessity.

Necessity applies when a person commits a crime to prevent a greater imminent harm. The idea is that a dangerous situation forces a choice, and the criminal act is viewed as the lesser of two evils because it prevents a more serious harm. For it to work, the threat has to be imminent, there must be no legal alternatives that would avoid the harm, the defendant’s response must be proportional to the danger, and the harm avoided must outweigh the harm caused by the crime.

This is distinct from self-defense, which protects against harm from an immediate aggressor, and from duress, which involves being forced to commit a crime under threat by another person. Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. In a scenario describing avoidance of a greater harm, the defense most appropriately fits necessity.