A choice-of-evils defense is utilized by a defendant to justify their actions as necessary to prevent a greater harm. An example of this defense would be if someone steals medicine to save the life of a sick child. This defense falls under the category of affirmative defense, requiring the defendant to provide evidence of its validity. It is also referred to as a lesser-evils defense or a necessity defense.
The choice-of-evils defense, also known as the lesser-evils defense, is an affirmative defense utilized by a defendant in a criminal case. It asserts that the defendant’s otherwise illegal actions were necessary to prevent a greater harm or evil. For instance, if someone breaks into a store to obtain medicine for their sick child, they may use this defense to argue that their actions were justified in order to prevent harm to their child. This defense acknowledges the commission of a crime but contends that the actions were justified given the circumstances. Other examples of affirmative defenses in criminal cases include duress, insanity, and self-defense, all of which the defendant must prove in order to be successful.
The choice-of-evils defence, also known as the necessity defence, is a legal principle that allows a person to justify their otherwise illegal actions if they were necessary to prevent a greater harm or evil.
The defence can be used when a person reasonably believes that their actions were necessary to prevent imminent harm or danger to themselves or others.
Examples include breaking into a building to rescue someone trapped inside during a fire, stealing food to prevent starvation, or damaging property to prevent a more serious crime.
No, the defence is typically limited to certain crimes and is not available for serious offenses like murder or rape.
Courts consider factors such as the immediacy and seriousness of the harm being prevented, the availability of alternative courses of action, and whether the harm caused by the defendant’s actions was proportional to the harm being prevented.
Generally, the defence requires an immediate threat of harm. If the harm is not imminent, other legal defences may need to be explored.
Yes, the defence can be used to justify actions taken to prevent non-physical harm, such as financial loss or reputational damage.
Yes, the defence can still be used if the harm being prevented is caused by a third party, as long as the defendant reasonably believed their actions were necessary to prevent the harm.
No, self-defence is a separate legal principle that allows a person to use reasonable force to protect themselves from immediate harm. The choice-of-evils defence applies to situations where harm is being prevented, but not necessarily directed towards the defendant.
No, the defence is not always successful, as its applicability depends on the specific circumstances of each case and the discretion of the court. It is important to consult with a qualified attorney to determine the viability of using this defence in a particular situation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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