• The necessity defense, also called the choice of evils defense, justifies certain types of criminal activity when it cannot be avoided.

• For a defense of necessity to succeed, five conditions must be in place: (1) a threat of; (2) imminent injury to [a] person or property; (3) for which there are no

(reasonable) alternatives except the commission of the crime; (4) the defendant’s acts must prevent an equal or more serious harm; and (5) the defendant must not have created the conditions on his own.

• Claims of necessity generally fail in cases of homicide.

Questions:-

1. What is necessity?
2. When can a necessity defense be successfully claimed?
3. Can necessity ever justify homicide? Why or why not?
4. When is the defense of consent not available?