Mario's young son steps on a piece of glass and slices his foot.He is bleeding profusely.Concerned that the son might bleed to death,Mario opts not to call an ambulance but to drive his son to the hospital.During the trip,Mario greatly exceeds the speed limit and runs through various red lights and stop signs.Upon arrival at the emergency room,the doctor inspects the son's wound and says,"Glad you got here quickly.Another couple of minutes and he would have been a goner." When Mario goes to the hospital waiting room,a police officer spies him and issues him a citation for the various traffic violations.Mario should be able to avoid conviction for the traffic violations by using the necessity defense.

Question

Quizplus · Accepted Answer

The necessity defense can be used when a person's actions were necessary to prevent a greater harm. In this case, Mario's actions of speeding and running red lights were necessary to get his son to the hospital quickly and prevent him from bleeding to death. As a result, he may be able to argue that the traffic violations were necessary, and therefore he should not be convicted.

Mario's Young Son Steps on a Piece of Glass and Slices