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Simple English definitions for legal terms
choice-of-evils defense
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A quick definition of choice-of-evils defense:
A choice-of-evils defense is when a defendant argues that they had to do something bad to prevent something worse from happening. For example, if someone steals medicine to save a sick child's life, they might use this defense. It's a type of affirmative defense, which means the defendant has to prove it's true. It's also sometimes called a lesser-evils defense or a necessity defense.A more thorough explanation:
The choice-of-evils defense is a type of affirmative defense used by a defendant in a criminal case. It argues that the defendant's actions, which would normally be considered illegal, were necessary to prevent a greater harm or evil from occurring. This defense is also known as the lesser-evils defense.
For example, if a person breaks into a store to steal medicine for their sick child, they may use the choice-of-evils defense to argue that their actions were necessary to prevent harm to their child. The defense acknowledges that the defendant committed a crime, but argues that their actions were justified under the circumstances.
Other examples of affirmative defenses include duress, insanity, and self-defense in a criminal case. The defendant must prove these defenses to be successful.