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:

    “For us necessity is not as of old an image without us, with whom we can do warfare; it is a magic web woven through and through us, like that magnetic system of which modern science speaks, penetrating us with a network subtler than our subtlest nerves, yet bearing in it the central forces of the world.”
    —Walter Pater (1839–1894)

    “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)

    “The objects of a financier are, then, to secure an ample revenue; to impose it with judgment and equality; to employ it economically; and, when necessity obliges him to make use of credit, to secure its foundations in that instance, and for ever, by the clearness and candour of his proceedings, the exactness of his calculations, and the solidity of his funds.”
    —Edmund Burke (1729–1797)