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:
“This, indeed, has always been the fate of the few that have professed scepticism, that, when they have done what they can to discredit their senses, they find themselves, after all, under a necessity of trusting to them. Mr. Hume has been so candid as to acknowledge this; and it is no less true of those who have shewn the same candour; for I never heard that any sceptic runs his head against a post, or stepped into a kennel, because he did not believe his eyes.”
—Thomas Reid (1710–1796)
“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)
“To expect to increase prices and then to maintain them at a higher level by means of a plan which must of necessity increase production while decreasing consumption is to fly in the face of an economic law as well established as any law of nature.”
—Calvin Coolidge (1872–1933)