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Necessity Archives

Alternate Theories of Innocence and Necessity Are Permissible

There is a statutory defense of necessity which can be asserted as a defense to criminal conduct where applicable. It can be asserted where the conduct in question was arguably necessary to prevent or avoid some more serious imminent harm. And as the Court of Criminal Appeals noted in the recent DUI case of State v. Medley, E2012-00646-CCA-R3-CD (Tenn.Crim.App. 10-17-2012), the defense of necessity can be asserted even when also asserting no criminal conduct occurred.

Alternate Theories of Innocence and Necessity Are Permissible

There is a statutory defense of necessity which can be asserted as a defense to criminal conduct where applicable. It can be asserted where the conduct in question was arguably necessary to prevent or avoid some more serious imminent harm. And as the Court of Criminal Appeals noted in the recent DUI case of State v. Medley, E2012-00646-CCA-R3-CD (Tenn.Crim.App. 10-17-2012), the defense of necessity can be asserted even when also asserting no criminal conduct occurred.

Alternate Theories of Innocence and Necessity Are Permissible

There is a statutory defense of necessity which can be asserted as a defense to criminal conduct where applicable. It can be asserted where the conduct in question was arguably necessary to prevent or avoid some more serious imminent harm. And as the Court of Criminal Appeals noted in the recent DUI case of State v. Medley, E2012-00646-CCA-R3-CD (Tenn.Crim.App. 10-17-2012), the defense of necessity can be asserted even when also asserting no criminal conduct occurred.

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