Legal Definitions - choice of evils

Choice of Evils

The legal concept of "choice of evils" refers to a defense used in criminal law where a person commits a seemingly unlawful act because they were faced with an imminent threat of a greater harm and had no reasonable alternative but to choose the lesser of two "evils." Essentially, the defendant argues that their actions, while technically illegal, were necessary to prevent a more significant and unavoidable disaster or injury.

This defense requires demonstrating that:

• There was an immediate and serious threat of harm.
• The defendant's action was necessary to avoid that harm.
• The harm caused by the defendant's action was less severe than the harm they sought to prevent.
• The defendant did not intentionally create the situation that led to the choice.

Here are some examples illustrating the "choice of evils" defense:

• Example 1: Emergency Medical Transport

  Imagine a situation where a parent is driving their child, who has suddenly suffered a severe allergic reaction and is struggling to breathe, to the nearest hospital. The parent significantly exceeds the speed limit and runs a red light to get to the emergency room as quickly as possible, knowing that every second counts. While speeding and running a red light are traffic offenses, the parent's actions could be argued as a "choice of evils." The lesser evil (committing traffic violations) was chosen to prevent the greater evil (the child suffering severe brain damage or dying due to lack of oxygen).

• Example 2: Seeking Shelter in a Storm

  Consider a hiker who gets unexpectedly caught in a sudden, severe blizzard in a remote wilderness area. With temperatures plummeting and no other shelter available for miles, the hiker breaks a window and enters an unoccupied, isolated cabin to avoid freezing to death. In this scenario, the hiker committed trespass and property damage (the lesser evils) to prevent the imminent and greater evil of succumbing to hypothermia and dying from exposure. The act of breaking into the cabin was a necessary choice to preserve their life when no other reasonable option existed.