NCJ Number
124743
Journal
Criminal Law Bulletin Volume: 26 Issue: 4 Dated: (July-August 1990) Pages: 317-352
Date Published
1990
Length
36 pages
Annotation
Political protest in the United States has abated and, naturally, turned to issues other than those confronted 20 and 30 years ago. From the civil rights and Vietnam protests of another era, we have moved to issues of abortion, the environment, and nuclear weapons.
Abstract
The necessity defense is brought out in each era and has moved from its less socially charged -- although more romantic -- origins in storm-tossed ships seeking uninvited refuge, burning buildings razed to save other structures, even some delectable cases of cannibalism. The author first covers the historical groups, reviews legislative and model code developments, and then concentrates on judicial acceptance and rejection of the defense. The courts have been most hostile to the defense, yet it is regularly raised on behalf of protesters. This article is longer than those that we usually publish, but it is remarkably short for what it undertakes and accomplishes. 281 notes. (Publisher abstract)