What is the choice of evils defense?

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2026-05-22 19:20

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The choice of evils defense, also known as the necessity defense, is a legal justification used in criminal cases where a defendant argues that they committed an illegal act to prevent a greater harm. It asserts that the choice to engage in the criminal conduct was necessary to avoid a more significant danger or evil. This defense typically requires the defendant to demonstrate that there were no reasonable alternatives to their actions and that the harm prevented was greater than the harm caused by their actions. Courts assess the reasonableness of the defendant's choices and the immediacy of the threat involved.

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