Necessity Defense

/ˈnɛsəsɪti dɪˌfɛns/

Definitions

  1. (n.) A legal defense allowing a defendant to argue that breaking the law was justified to prevent a greater harm.
    The defendant invoked the necessity defense to justify breaking into the cabin during the storm.

Commentary

The necessity defense requires that the harm avoided outweighs the harm caused, and the defendant had no reasonable legal alternative.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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