Learning Materials
Features
Discover
The Defence of Necessity is a legal doctrine that allows individuals to justify their actions when they commit a crime to prevent greater harm from occurring, balancing moral considerations with the law's requirements. This principle often applies in situations of emergency, where the urgency and severity of the threat outweigh the legal consequences of the actions taken. Understanding the Defence of Necessity helps you grasp how ethics and legality intersect, making it a crucial concept in both criminal law and moral philosophy.
Millions of flashcards designed to help you ace your studies
Sign up for freeWhat are the key elements to successfully argue the defence of necessity in criminal law?
What is the main difference between the defence of necessity and the defence of duress in criminal law?
In which situations can the defence of necessity be applied in criminal law?
What key factors can shape the outcome of a defence of necessity case?
In R v Dudley and Stephens, what was the court's reasoning for rejecting the defence of necessity?
What factors did David Shayler rely on for his defence of necessity in R v Shayler?
What are two areas where the defence of necessity has been particularly relevant?
What key factors do courts assess when determining whether a defence of necessity should succeed?
In environmental protest cases, why might activists invoke the defence of necessity?
When is the defence of necessity not applicable?
What is the imminent threat requirement in the defence of necessity?
What are the key elements to successfully argue the defence of necessity in criminal law?
What is the main difference between the defence of necessity and the defence of duress in criminal law?
In which situations can the defence of necessity be applied in criminal law?
What key factors can shape the outcome of a defence of necessity case?
In R v Dudley and Stephens, what was the court's reasoning for rejecting the defence of necessity?
What factors did David Shayler rely on for his defence of necessity in R v Shayler?
What are two areas where the defence of necessity has been particularly relevant?
What key factors do courts assess when determining whether a defence of necessity should succeed?
In environmental protest cases, why might activists invoke the defence of necessity?
When is the defence of necessity not applicable?
What is the imminent threat requirement in the defence of necessity?
Achieve better grades quicker with Premium
Geld-zurück-Garantie, wenn du durch die Prüfung fällst
Did you know that StudySmarter supports you beyond learning?
Review generated flashcards
Start learning or create your own AI flashcards
Team Defence of necessity Teachers
Thanks for your interest in learning preferences!
Which learning mode do you prefer? (e.g. “Audio,” “Video” “Text” “No preference”) (optional)
Send FeedbackDefence of Necessity is a legal principle that allows an accused to justify their unlawful actions by proving that they were compelled to act in that manner to prevent a greater harm from occurring. This defence emphasizes that an individual was faced with a choice between two evils and chose the lesser evil, thereby justifying their conduct under specific circumstances.
The Defence of Necessity serves several important functions within the realm of criminal law. Firstly, it protects individuals from prosecution when their actions, although illegal, are deemed reasonable and proportionate under extreme circumstances. For instance, consider the following scenarios where the defence may apply:
Remember that the Defence of Necessity is not an open-ended escape route. Courts often scrutinize the circumstances closely to ensure the defence is justified.
Historically, the Defence of Necessity has been subject to varied interpretations across different legal systems. In some jurisdictions, the defence is limited to situations involving physical danger, while others may recognize it in scenarios involving economic or personal distress. For example, in the famous case of R v. Dudley and Stephens (1884), the necessity defence was rejected when two shipwrecked sailors killed a cabin boy for survival. The court held that necessity does not justify murder, drawing a clear line in terms of what is acceptable under this defence. In modern contexts, the application of the defence has evolved, particularly in cases involving environmental or humanitarian crises. Courts have increasingly acknowledged actions taken under duress when they align with moral imperatives, such as the duty to save lives. Additionally, legal scholars continue to debate the boundaries of the Defence of Necessity, with some advocating for its expansion to include a wider range of scenarios where individuals face extraordinary situations. This ongoing discourse contributes to the dynamic landscape of criminal law and emphasizes the need for legislation that reflects ethical considerations in legal judgments.
The Defence of Necessity is a crucial aspect of criminal law that allows individuals to justify illegal actions under extreme circumstances. This defence operates on the premise that individuals may be forced to choose between two conflicting interests, where one interest is more significant than the other. In legal contexts, an accused must demonstrate specific criteria for the defence to be applicable, which typically include:
Always consider the specific circumstances of a case, as different jurisdictions may interpret the Defence of Necessity differently.
Example 1: In a life-threatening situation during a natural disaster, an individual may break into a pharmacy to access medication necessary for their survival or the survival of another person. Here, the actions taken could be justified under the Defence of Necessity if it can be demonstrated that it was essential to prevent further harm.Example 2: A person driving a critically injured friend to the hospital might exceed the speed limit. In this scenario, the necessity for such actions arises from the immediate danger to health and well-being, potentially justifying their otherwise unlawful driving conduct. Example 3: If someone locks themselves in a cold room to escape from an aggressive attacker, their forced entry into the room may be deemed necessary to prevent serious harm, thus illustrating the principle of necessity in action. These examples highlight that the Defence of Necessity is case-specific, and its applicability hinges on proving that the unlawful act was the only viable option to avoid a greater evil.
The Defence of Necessity is often compared with other legal defences such as Duress and Self-Defence. While all three defences aim to justify actions that would typically be considered illegal, they operate under different circumstances and principles.
The Defence of Necessity is not universally applicable and has several limitations that vary by jurisdiction. Some common restrictions on the defence include:
When studying the Defence of Necessity, consider both the factual context and legal precedents to understand how courts interpret its limitations and application.
The limitations of the Defence of Necessity have been shaped by a number of landmark cases. For instance, in R v. Dudley and Stephens, the necessity defence was rejected, emphasizing that taking another person's life, even in desperate circumstances, is not permissible under law. This case firmly established that the defence does not allow for extreme actions like murder, regardless of the perceived necessity. Another pertinent case is Nelson v. The State, where the courts reiterated the need for an immediate threat to justify the use of the necessity defence. Such historical precedents serve as guiding principles, establishing foundational limits on how necessity is interpreted in modern law. Legal scholars continue to debate various scenarios where the defence could be enhanced or restricted, reflecting the evolving nature of law in response to ethical considerations and societal norms.
Several landmark cases have shaped the understanding and application of the Defence of Necessity in criminal law. These cases highlight the judicial reasoning behind accepting or rejecting this defence in various circumstances.One significant case is R v. Dudley and Stephens (1884), where two shipwrecked sailors resorted to cannibalism to survive. Their defence of necessity was rejected; the court ruled that necessity cannot justify murder, establishing a critical boundary in legal reasoning.Another important case, R v. Anderson (1986), involved a defendant who stole food to avoid starvation. The court allowed the possibility of a necessity defence after assessing the circumstances of the situation, indicating that the defence can sometimes be applied when the necessity to prevent greater harm is convincingly demonstrated.
The outcomes of cases involving the Defence of Necessity can set significant precedents that influence future legal interpretations and societal norms. Key implications include:
When analyzing cases involving the Defence of Necessity, consider both the legal precedent set and the social context surrounding the decisions.
In more recent times, the Defence of Necessity has been examined in various contexts such as environmental activism and medical emergencies. For instance, cases involving climate activists may raise questions about the justification of illegal actions taken to prevent environmental disasters, thus expanding the dialogue around necessity in modern law. These discussions often lead to heated debates over the legality of actions taken in the name of greater good, showcasing the dynamic relationship between law, ethics, and societal values. An example from the United States is the Trial of the Chicago 7, where defendants argued their protest actions were justified under necessity as they sought to draw attention to social injustices. This case illustrates how necessity can be a pivotal defence for civil disobedience, shaping public discourse on legal rights and responsibilities.
Sign up for free to gain access to all our flashcards.
At StudySmarter, we have created a learning platform that serves millions of students. Meet the people who work hard to deliver fact based content as well as making sure it is verified.
Lily Hulatt is a Digital Content Specialist with over three years of experience in content strategy and curriculum design. She gained her PhD in English Literature from Durham University in 2022, taught in Durham University’s English Studies Department, and has contributed to a number of publications. Lily specialises in English Literature, English Language, History, and Philosophy.
Get to know Lily
Gabriel Freitas is an AI Engineer with a solid experience in software development, machine learning algorithms, and generative AI, including large language models’ (LLMs) applications. Graduated in Electrical Engineering at the University of São Paulo, he is currently pursuing an MSc in Computer Engineering at the University of Campinas, specializing in machine learning topics. Gabriel has a strong background in software engineering and has worked on projects involving computer vision, embedded AI, and LLM applications.
Get to know Gabriel
StudySmarter is a globally recognized educational technology company, offering a holistic learning platform designed for students of all ages and educational levels. Our platform provides learning support for a wide range of subjects, including STEM, Social Sciences, and Languages and also helps students to successfully master various tests and exams worldwide, such as GCSE, A Level, SAT, ACT, Abitur, and more. We offer an extensive library of learning materials, including interactive flashcards, comprehensive textbook solutions, and detailed explanations. The cutting-edge technology and tools we provide help students create their own learning materials. StudySmarter’s content is not only expert-verified but also regularly updated to ensure accuracy and relevance.
Learn moreSave explanations to your personalised space and access them anytime, anywhere!
Sign up with Email Sign up with AppleBy signing up, you agree to the Terms and Conditions and the Privacy Policy of StudySmarter.
Already have an account? Log in
Sign up to highlight and take notes. It’s 100% free.
The first learning app that truly has everything you need to ace your exams in one place
Already have an account? Log in
The first learning platform with all the tools and study materials you need.
Explanations 
Flashcards 
StudySmarter AI 
Notes 
Study Plans 
Study Sets 
Exams 
Find a job 
Student Deals 
Magazine 
Mobile App 
