Defense of Necessity Cases in Mississippi
In Knight v. State, 601 So. 2d 403 (Miss. 1992), the Court addressed and adopted the defense of "necessity." 601 So. 2d at 405-06. The Court stated that the defense of necessity is available "where a person reasonably believes that he is in danger of physical harm he may be excused for some conduct which ordinarily would be criminal." Id. 405.
The defense of necessity has been applied to justify the use of deadly force in matters of self-defense, Calhoun v. State, 526 So. 2d 531 (Miss. 1988), escape from custody, Corley v. State, 536 So. 2d 1314 (Miss. 1988), and has been used to justify leaving the scene of an accident. Knight, 601 So. 2d at 403.
"The application of the necessity defense in these cases share the finding of a reasonable belief that imminent danger of death or serious bodily harm induced the criminal conduct." McMillan v. City of Jackson, 701 So. 2d 1105, 1107 (Miss. 1997).