California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, while hiking in a remote wilderness area, becomes disoriented and lost. After several days without food, facing imminent starvation and dehydration, he stumbles upon an isolated cabin. The cabin appears deserted, but the door is locked. Believing his life is in danger, the client breaks into the cabin, consumes some canned goods, and rests for a few hours before continuing his journey. He is later found and charged with burglary. Which of the following defenses is most likely to succeed?
- AIntoxication, because his disoriented state impaired his judgment.
- BDuress, because he was compelled to act by the threat of starvation.
- CNecessity, because he acted to prevent a greater harm to himself.
- DMistake of fact, because he believed the cabin was abandoned.
Show answer & explanationAnswer & explanation
Correct answer: C. Necessity, because he acted to prevent a greater harm to himself.
The defense of necessity (or choice of evils) applies when a person commits a crime to prevent a greater harm. Here, the client faced imminent starvation and dehydration, a greater harm than breaking into a cabin and consuming food. His actions were necessary to preserve his life.
Why the other options are wrong
- A. There is no indication of intoxication; disorientation due to being lost and hungry is not the same as being intoxicated.
- B. Duress typically involves a threat from another person, not natural circumstances, making it less applicable than necessity.
- D. Mistake of fact about the cabin being abandoned might negate intent for some crimes, but not necessarily burglary if the intent to enter and steal was present regardless.
Necessity (Criminal Law)
A defense that justifies a criminal act if it was committed to prevent a greater harm, provided certain conditions are met.
- The defendant must reasonably believe the act was necessary to avoid an imminent harm.
- The harm avoided must be greater than the harm caused by the defendant's actions.
- The defendant must not have created the situation necessitating the choice.
- Usually not available for homicide.
Memory trick: Defend your actions when facing a necessary choice.