- Ref # CAC10042
- April 06, 2025
The Necessity Defense: Choosing Between the Lesser of Two Evils Is Not as Simple as You Might Think
Rule: The “necessity defense” involves the situation where a criminal defendant’s illegal conduct is the lesser of two evils, justifying the defendant’s criminal acts taken to avert a greater harm. For the necessity defense to apply, a defendant must prove by a preponderance of the evidence, as viewed objectively, that (1) he was faced with a choice of evils and chose the lesser evil, (2) he ....
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