The Illustrated Guide to Criminal Law
Chapter 13: I Had No Choice!
Necessity pg 10: There’s No Chutzpah Defense
Dylan sincerely (and correctly) believed there was an immediate danger; destroying the one home was less harm than letting the rest burn down; and there wasn’t a less harmful alternative.
Dylan’s proud of himself, the family grieves for the loss of their home.
DYLAN
So I’m justified, right?
No, you’re going to jail.
DYLAN
For burning down my own house, maybe—but surely not for knocking down my neighbor’s house to save everyone else’s!
Why can’t I claim necessity?
Because the Necessity defense doesn’t apply if you’re the one who caused the emergency in the first place.
Average Joe and Dylan talking heads
AVERAGE JOE
There’s no such thing as a chutzpah defense.
DYLAN
Damn.