![]() ![]() Therefore, in order to use the defense, Christopher must reasonably believe that the forest fire will destroy all or part of the town. The defendant must reasonably believe that an actual threat exists.There are, however, several requirements that must be met in order for the defendant to use necessity as a defense. If Christopher does, in fact, burn some of the houses under the reasonable belief that it will protect the rest of the town from the forest fire, he will be able to use the defense of necessity if he is charged with arson. The fire is quickly heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. At the end of a hot and dry summer some brush in the woods catches fire and a forest fire quickly develops and spreads. For example:Ĭhristopher lives in a town that sits right on the edge of the Hundred Acre Woods. The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. The compelling of a person to undertake an action against his or her will by the threat of physical or economic harm. ![]() A defense that permits a person to act in a criminal manner when an emergency situation, not of the person's own creation compels the person to act in a criminal manner to avoid greater harm from occurring.Ī necessity that involves the public's interest. ![]()
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