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 or water, facing imminent starvation, he breaks into an unoccupied cabin and consumes some canned goods and bottled water. He leaves a note promising to pay for the items. Which defense is most likely applicable if he is charged with burglary or theft?
- ADuress
- BNecessity
- CInsanity
- DSelf-Defense
Show answer & explanationAnswer & explanation
Correct answer: B. Necessity
The defense of necessity applies when a person commits a crime to prevent a greater harm or evil. Here, the client faced imminent starvation and dehydration, a greater harm than breaking into a cabin and consuming food/water. Duress requires a threat from another person, and self-defense applies to physical threats from another.
Why the other options are wrong
- A. Duress involves being compelled to commit a crime by threats from another person.
- C. Insanity is a defense based on a severe mental disease or defect at the time of the crime.
- D. Self-defense involves using force to repel an unlawful attack against oneself or another.
Necessity (Criminal)
A defense where a defendant commits a crime to prevent a greater harm or evil from occurring, often under exigent circumstances.
- The harm avoided must be greater than the harm caused by the criminal act.
- There must be no reasonable legal alternative to avoid the greater harm.
- The harm must be imminent, and the defendant must have a reasonable belief in its imminence.
Memory trick: Justified deed, for a greater need.