Legal Definitions - justification defense

A justification defense is a legal argument used in both criminal and civil (tort) cases where a defendant claims that their actions, while appearing to be harmful or unlawful, were actually permissible and appropriate under the specific circumstances, and therefore, the law does not consider them wrongful. Essentially, the defendant argues that what they did was the right thing to do given the situation, and the legal system does not seek to prevent such actions.

Here are some examples illustrating a justification defense:

• Example 1: Self-Defense

  Imagine a person, Alex, is walking home late at night when they are suddenly attacked by an assailant. Alex, fearing for their life, uses reasonable physical force to fend off the attacker, causing the assailant to fall and sustain an injury. If Alex were later charged with assault, they could raise a justification defense of self-defense.

  How it illustrates the term: While using physical force against another person is typically unlawful, Alex's actions are justified because the law permits individuals to use necessary force to protect themselves from imminent harm. The legal system does not want to prevent people from defending their own safety when faced with an attack.

• Example 2: Necessity (Choice of Evils)

  Consider a scenario where a severe wildfire is rapidly approaching a small town. A local farmer, knowing that the fire will destroy their neighbor's barn and livestock, quickly drives their tractor through the neighbor's fence to create a firebreak, ultimately saving the barn but damaging the fence. The neighbor could potentially sue the farmer for property damage.

  How it illustrates the term: The farmer could raise a justification defense of necessity. While damaging property is generally unlawful, the farmer's actions were justified by the immediate and overwhelming need to prevent a much greater harm (the destruction of the barn and livestock). The law recognizes that choosing the "lesser evil" in an emergency can be a justified action.

• Example 3: Lawful Authority to Make an Arrest

  A plainclothes police officer witnesses a robbery in progress. The officer identifies themselves and orders the suspect to stop, but the suspect attempts to flee. The officer then uses reasonable physical force to tackle and restrain the suspect, leading to the suspect's arrest. If the suspect later claimed battery or false imprisonment against the officer, the officer could use a justification defense.

  How it illustrates the term: The officer's use of force, which might otherwise be considered battery, is justified because they were acting under lawful authority to prevent a crime and make a lawful arrest. The law permits law enforcement officers to use reasonable and necessary force to fulfill their duties, and such actions are not considered wrongful under these circumstances.