What is the current state of the law on the doctrine of "necessity" in the context of a crime committed in defending oneself?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nolan, 700 F.2d 479 (9th Cir. 1983):
Necessity applies to other crimes committed in defending oneself, such as possession of firearms. Id. at 391, n. 2; United States v. Panter, 688 F.2d 268, 272 n. 7 (5th Cir.1982). See, also Model Penal Code Sec. 3.04(2)(b)(i). The differences between the defenses are not important in this case.
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