- Ref # CAC10042
- April 06, 2025
The Necessity Defense: Choosing Between the Lesser of Two Evils Is Not as Simple as You Might Think
Rule: The “necessity defense” involves the situation where a criminal defendant’s illegal conduct is the lesser of two evils, justifying the defendant’s criminal acts taken to avert a greater harm. For the necessity defense to apply, a defendant must prove by a preponderance of the evidence, as viewed objectively, that (1) he was faced with a choice of evils and chose the lesser evil, (2) he acted to prevent imminent harm, (3) he reasonably ....
Latest Posts
![Warrantless Searches: Do You Know the Difference between ‘Community Caretaking’ and ‘Render[ing] Emergency Assistance?’](/sites/default/files/styles/435_x_242/public/2026-01/GAImage-rb5oktrb5oktrb5o-01242026.png)
Popular Content
The information you are viewing is copyrighted and intended exclusively for the use of . Reproduction, forwarding, or any form of distribution of this information are explicitly prohibited and constitute a violation of federal and state trademark laws.
If you wish to distribute this information, please contact us to inquire about obtaining a licensing agreement. If you hold a full agency license, you may distribute this document among your agency members.
I certify under penalty of perjury that will not share or distribute this document with any other person.