Which principle involves using natural forces that create a need to violate the law?

Which principle involves using natural forces that create a need to violate the law?

• A. ARREST
• B. NECESSITY
• C. ENTRAPMENT
• D. INCHOATE

Answer: (B)

Necessity is a defense that applies when natural forces or urgent circumstances create a need to violate the law in order to prevent a greater harm. The idea is that there’s an imminent threat and no reasonable legal alternative to avoiding it, so the illegal act is the lesser evil and proportionate to the danger. For this defense to work, you typically need: an imminent peril, no adequate legal remedy or duty to choose a lawful course, and the harm avoided must outweigh the harm caused by breaking the law. This is different from entrapment, which involves police inducing someone to commit a crime, and from inchoate offenses, which are incomplete crimes like attempts or conspiracies. An example is choosing to break into a shelter during a sudden flood to save a life when staying put would cause greater harm; the act is illegal, but necessity argues it was justified to prevent a worse outcome.

Necessity is a defense that applies when natural forces or urgent circumstances create a need to violate the law in order to prevent a greater harm. The idea is that there’s an imminent threat and no reasonable legal alternative to avoiding it, so the illegal act is the lesser evil and proportionate to the danger. For this defense to work, you typically need: an imminent peril, no adequate legal remedy or duty to choose a lawful course, and the harm avoided must outweigh the harm caused by breaking the law. This is different from entrapment, which involves police inducing someone to commit a crime, and from inchoate offenses, which are incomplete crimes like attempts or conspiracies. An example is choosing to break into a shelter during a sudden flood to save a life when staying put would cause greater harm; the act is illegal, but necessity argues it was justified to prevent a worse outcome.