![]() ![]() ![]() There are maritime cases that show how the necessity defense has been applied over the centuries. Kirk must also prove they did not create a greater danger than the one avoided that a reasonable person would also have believed that the act was necessary under the circumstances and that the crew of the Enterprise did not substantially contribute to the emergency. The analysis of breaking McCoy out of jail and for stealing the USS Enterprise is substantially the same. While a mind meld with someone’s soul is not in the same category as high blood sugar, the Defense would need to explain the danger to both McCoy and Spock. Case law states that “imminent” means “likely to happen without delay.” In terms of medical dangers, Courts have found that risk created by high blood sugar caused by diabetes was not imminent danger. Fifth, the crew of the Enterprise reported to Vulcan, one of the charter members of the Federation of Planets.Įxpert testimony would need to be offered to prove McCoy was in immediate danger. This element is problematic, because the guards were just doing their jobs when Kirk and Sulu subdued them. Fourth, McCoy did not use force against the guards, but both Kirk and Sulu assaulted the Starfleet prison personnel. Third, given the need for immediate medical treatment, and the classified nature of Project Genesis, the Courts were an unlikely option. ![]() Second, Admiral Kirk had sought permission to take the Enterprise to Genesis in order to treat McCoy and Spock, which had been denied. McCoy needed treatment for his side effects of the Vulcan mind meld that were causing a risk to McCoy’s health, from speaking in Spock’s voice, to delusions, to obsessive behavior. The defendant immediately reported to the proper authorities when he had attained a position of safety from the immediate threat.įirst, Dr.The defendant did not use force or violence against prison personnel or other people in the escape.There was no time or opportunity to seek help from the courts.There was a history of complaints that were not acted on, so that a reasonable person would conclude that any additional complaints would be ineffective.The defendant was faced with a specific threat of death or substantial bodily injury in the immediate future.McCoy out of the Starfleet holding cell? The test in California (where Starfleet Command is located) has the following for the necessity defense for escaping prisoners that must be proven by a preponderance of the evidence : Kirk would have to show that the “harm that would have resulted from compliance with the law would have significantly exceeded the harm actually resulting from the defendant’s breach of the law.” Ĭould the necessity defense apply to breaking Dr. The necessity defense is an affirmative defense to a crime. Cogley have defended Admiral Kirk and the surviving crew of the Enterprise with the necessity defense, if the crew of the Enterprise had not plead guilty after saving Earth (again) in Star Trek IV? The senior crew of the Enterprise then assisted in the theft of the USS Enterprise, plus threatening one transporter officer and sabotaging the USS Excelsior.Ĭould a lawyer such as Samuel T. Not one to take “no” for an answer, Kirk and Sulu broke McCoy out of jail. Admiral Harry Morrow denied Kirk’s request. Kirk requested the use of the decommissioned USS Enterprise for a mission to the Genesis Planet to recover Spock’s body and take it to Vulcan, in order to save both Dr. McCoy began suffering psychological problems from the mind meld, which resulted in his arrest, and ultimately to be sent to a psychiatric hospital. Kirk quickly determined Captain Spock performed a mind meld with an unconscious Leonard McCoy, before Spock sacrificed himself to save the USS Enterprise. Kirk learned from Vulcan Ambassador Sarek that Spock would have shared his immortal soul known as a katra with someone before death. These actions often can fall under the “necessity defense” or “defense of necessity.” To illustrate how the defense can be applied, let’s review Star Trek III: The Search for Spock.Īdmiral James T. Star Trek has a long history of not following orders. ![]()
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