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:

    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)

    Undoubtedly if we were to reform this outward life truly and thoroughly, we should find no duty of the inner omitted. It would be employment for our whole nature.... But a moral reform must take place first, and then the necessity of the other will be superseded, and we shall sail and plow by its force alone.
    Henry David Thoreau (1817–1862)

    I have no purpose to introduce political and social equality between the white and black races. There is a physical difference between the two, which, in my judgement, will probably for ever forbid their living together upon the footing of perfect equality; and inasmuch as it becomes a necessity that there must be a difference, I ... am in favour of the race to which I belong having the superior position.
    Abraham Lincoln (1809–1865)