What is the essential element of the necessity defense?

The necessity defense is fundamentally concerned with the idea that an individual is justified in committing what would typically be considered a criminal act if it was done to prevent a greater harm. This legal principle allows for the assertion that the actions taken were not only necessary but also the least harmful option available in a dire situation. For example, if someone trespasses on private property to save a life in danger, the act can be justified under the necessity defense, as the intent was to avert a more significant threat.

The focus on preventing a greater harm distinguishes this defense, as it acknowledges that the individual was faced with an urgent and impossible choice, thus acting in a way that prioritizes overall safety and welfare. This concept reinforces the idea that harm and morality are to be considered in context, leading to a more compassionate understanding of human choices in crisis scenarios.