Why the Necessity Defense is Unneccesary

On October 27, 2014, Posted by , In Criminal Law, By , With No Comments

From a deterrence standpoint, I’ve never understood why there is such a thing as a necessity or duress defense in criminal law. The deterrence view of criminal law is that we choose punishments to deter judgment-proof individuals from committing acts that harm social welfare. If this is the case, then…