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  2. United States v. Schoon - Wikipedia

    en.wikipedia.org/wiki/United_States_v._Schoon

    The court noted that necessity is a utilitarian defense, meaning that it applies where the harm caused by the defendant's actions outweighs the societal cost of inaction. For example, although it is illegal to escape from prison, the United States Supreme Court has ruled that the necessity defense applied to prisoners who escaped from a prison ...

  3. Necessity (criminal law) - Wikipedia

    en.wikipedia.org/wiki/Necessity_(criminal_law)

    Emergency law/right (nødret, nødrett) is the equivalent of necessity in Denmark and Norway.[1] [2] It is considered related to but separate from self-defence.Common legal examples of necessity includes: breaking windows and other objects in order to escape a fire, commandeering a vehicle to serve as an emergency ambulance, ignoring traffic rules while rushing a dying patient to a hospital ...

  4. Justifiable homicide - Wikipedia

    en.wikipedia.org/wiki/Justifiable_homicide

    Justifiable homicide applies to the blameless killing of a person, such as in self-defense. [1]The term "legal intervention" is a classification incorporated into the International Classification of Diseases, Tenth Revision, and does not denote the lawfulness or legality of the circumstances surrounding a death caused by law enforcement. [2]

  5. Competing harms - Wikipedia

    en.wikipedia.org/wiki/Competing_harms

    Competing harms, also known as necessity defense, self-defense defense, or lesser harm, is a legal doctrine in certain U.S. states, particularly in New England.For example, the Maine Criminal Code holds that "Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh ...

  6. R v Dudley and Stephens - Wikipedia

    en.wikipedia.org/wiki/R_v_Dudley_and_Stephens

    The judge in the United States District Court for the Eastern District of Pennsylvania instructed the jury that necessity might be a complete defence but that "before the protection of the law of necessity can be invoked, a case of necessity must exist, the slayer must be faultless, he must owe no duty to the victim." The jury convicted Holmes ...

  7. Necessity (tort) - Wikipedia

    en.wikipedia.org/wiki/Necessity_(tort)

    A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura privata ("Necessity induces a privilege because of a private right"). A court will grant this privilege to a trespasser ...

  8. Necessity in English criminal law - Wikipedia

    en.wikipedia.org/wiki/Necessity_in_English...

    The state had done nothing to change the defendant's condition for better or worse, and there was nothing to require the court to read the Misuse of Drugs Act 1971 as subject to a defence of medical necessity. The court applied Quayle where the focus was on Article 8, and the defence of necessity was denied because it would be in conflict with ...

  9. Necessity and duress - Wikipedia

    en.wikipedia.org/wiki/Necessity_and_duress

    Necessity and duress (compulsion) are different defenses in a criminal case. [1] [2] [3] The defense of duress applies when another person threatens imminent harm if defendant did not act to commit the crime. The defense of necessity applies when defendant is forced by natural circumstances to choose between two evils, and the criminal act is ...