Necessity

Necessity

In U.S. criminal law, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when that conduct is not excused under some other more specific provision of law such as self defense. Except for a few statutory exemptions and in some medical cases there is no corresponding defense in English law.

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Famous quotes containing the word necessity:

    It is the hour when stink and sweat
    Subside to let the flesh forget
    Affinity for brick and lathe,
    The cold necessity to bathe
    And certain things one would forget.
    Allen Tate (1899–1979)

    Private property is held sacred in all good governments, and particularly in our own. Yet shall the fear of invading it prevent a general from marching his army over a cornfield or burning a house which protects the enemy? A thousand other instances might be cited to show that laws must sometimes be silent when necessity speaks.
    Andrew Jackson (1767–1845)

    Were it not for the corruption and viciousness of degenerate men, there would be no ... necessity that men should separate from this great and natural community, and by positive agreements combine into smaller and divided associations.
    John Locke (1632–1704)