Necessity Mpc And Non Mpc - Criminal Law

• D chooses lesser evil

• Imminent threat

• Not allowed in homicide cases

• Not allowed in economic necessity cases (starving children)

• Some places require that the emergency was created by natural, not human forces

• Legislature must not have decided differently (medical marijuana, needle sharing - medical necessity cases)

• Defendant cannot have created the emergency

• Harm avoided greater (in fact, not in belief) than harm committed

• No imminent threat required, but must believe necessary

• Allowed in homicide cases

• Allowed in economic necessity cases

• Emergency does not have to be natural force

• Legislature must not have decided differently MPC 3.02(1)(b)(c)

• If D recklessly/negligently created the situation and if reckless/negligent crime > no defense 3.02(2)

TEXT:

3.02(1) Conduct which D believes is necessary to avoid harm or evil is justified if

• Harm or evil sought to be avoided is greater than crime committed AND

• Code or other law defining the offense do not provide exceptions or defenses dealing w/ the specific situation AND

• Legislative purpose to exclude the justification is not apparent

3.02(2) if actor was reckless or negligence in creating the situation requiring the choice of evils, no justification when recklessness or negligence suffices to establish culpability