What is the test for the defense of necessity?

California, United States of America


The following excerpt is from People v. Carver, G049821 (Cal. App. 2014):

"To justify an instruction on the defense of necessity, a defendant must present evidence sufficient to establish that []he violated the law (1) to prevent a significant and imminent evil, (2) with no reasonable legal alternative, (3) without creating a greater danger than the one avoided, (4) with a good faith belief that the criminal act was necessary to prevent the greater harm, (5) with such belief being objectively reasonable, and (6) under circumstances in which []he did not substantially contribute to the emergency." (People v. Kearns (1997) 55 Cal.App.4th 1128, 1135.)

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