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Understanding the Choice of Evils Defense in Criminal Law
Definition & Meaning
The choice of evils defense is a legal principle that allows a person to justify their criminal actions if they were taken to prevent a greater harm. This defense asserts that the individual should not be held liable for a crime if their actions were aimed at avoiding a more serious evil. Essentially, it recognizes that sometimes, individuals may face situations where they must choose between two harmful outcomes, and acting to minimize harm can be justified. However, not all jurisdictions accept this defense, and its application can vary significantly.
Table of content
Legal Use & context
The choice of evils defense is primarily used in criminal law. It may come into play in cases involving self-defense, property defense, or emergency situations where immediate action is necessary to prevent greater harm. Individuals may utilize this defense in court to explain their actions, particularly when they face charges for offenses that were committed under duress or necessity. Users can explore US Legal Forms for templates that may assist in preparing legal documents related to this defense.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person breaks into a cabin to escape a severe storm, causing property damage. They can argue the choice of evils defense, claiming their actions were necessary to avoid the greater danger of exposure to the elements. (hypothetical example)
Example 2: A driver speeds through a red light to transport an injured person to the hospital. The driver may use the choice of evils defense, asserting that the urgency of the medical situation justified their actions. (hypothetical example)
State-by-state differences
State
Recognition of Choice of Evils Defense
California
Recognizes the choice of evils defense in both criminal and civil cases.
New York
Accepts the defense but has specific criteria for its application.
Texas
Recognizes the defense, particularly in cases of necessity.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Duress
Coercion or threats that compel a person to act against their will.
Duress involves external pressure, while choice of evils focuses on minimizing harm.
Necessity
A defense claiming actions were taken to prevent a significant and imminent harm.
Necessity is often broader and may not involve illegal acts, while choice of evils specifically addresses criminal acts.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where the choice of evils defense may apply, consider documenting all relevant circumstances surrounding your actions. It may be beneficial to consult with a legal professional to understand your rights and options. Additionally, you can explore US Legal Forms for templates that help you prepare necessary legal documents.
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