- published: 12 Jun 2006
- views: 29624635
In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when that conduct is not excused under some other more specific provision of law such as self defense. Except for a few statutory exemptions and in some medical cases there is no corresponding defense in English law.[contradictory]
For example, a drunk driver might contend that he drove his car to get away from a kidnap (cf. North by Northwest). Most common law and civil law jurisdictions recognize this defense, but only under limited circumstances. Generally, the defendant must affirmatively show (i.e., introduce some evidence) that (a) the harm he sought to avoid outweighs the danger of the prohibited conduct he is charged with; (b) he had no reasonable alternative; (c) he ceased to engage in the prohibited conduct as soon as the danger passed; and (d) he did not himself create the danger he sought to avoid. Thus, with the "drunk driver" example cited above, the necessity defense will not be recognized if the defendant drove further than was reasonably necessary to get away from the kidnapper, or if some other reasonable alternative was available to him. However case law suggests necessity is narrowed to medical cases.
Actors: Edward Sloman (director), Robert Bolder (actor), Arthur Edmund Carewe (actor), Albert S. Le Vino (writer), Jack London (writer), Alfred Allen (actor), Mitchell Lewis (actor), William V. Mong (actor), Louis Morrison (actor), Gertrude Astor (actress), Helen Ferguson (actress), Edward Jobson (actor), Aaron Edwards (actor), Newton Hall (actor),
Genres: Drama,What is the curse
That makes the universe so all bewilderin'
What is the hoax that just provokes
The folks they call God's children
What is the jinx that gives a body and his brother and everyone around...the run-around
Necessity, necessity
A most unnecessary thing, necessity
What throws the monkey wrench in
A fella's good intention
That nasty old invention
Necessity
My feet want to dance in the sun
My head wants to rest in the shade
The lord says go out and have fun
But the landlord says, 'Your rent ain't paid!'
Necessity, its plain to see
What a lovely old world
This silly old world can be
But, no it's all in a mess
Account of necessity
I'd like to play some tennis
Or take a trip to Venice
But sister, here's the menace
Necessity
Oh, Satan's the father of sin
And Cupid's the father of love
Oh, hell is the father of gin
But no one know's the father of
Necessity, necessity
That's the maximum that
A minimum thing can be
There's nothing lower than less
Unless it's necessity