Legal Definitions - lesser-evils defense

The lesser-evils defense, often referred to as the necessity defense, is a legal argument used when an individual commits an otherwise illegal act to prevent a significantly greater harm from occurring. For this defense to be successful, the person must demonstrate that they were faced with an imminent choice between two harms and reasonably chose to commit the lesser harm to prevent the more serious one. The harm prevented must be clearly greater than the harm caused by their actions, and there must have been no reasonable legal alternative available to them.

Here are some examples illustrating the lesser-evils defense:

• Example 1: During a severe blizzard, a remote cabin loses power and heat, and one of its occupants, who has a critical medical condition, begins to suffer a life-threatening health crisis. With roads impassable and no emergency services able to reach them, another occupant breaks into a nearby, unoccupied cabin to retrieve blankets, firewood, and a first-aid kit to save the ailing person's life. Breaking and entering is illegal, but the defense would argue that preventing a death was a far greater good than respecting property boundaries in an emergency.

  Explanation: In this scenario, the act of breaking into another cabin (an illegal trespass and potential property damage) is the "lesser evil" compared to allowing a person to die from exposure or lack of medical attention. The individual acted out of necessity to prevent an imminent and much more severe harm.

• Example 2: A city bus driver is navigating a busy street when a child suddenly darts into the road from between parked cars. To avoid hitting the child, the driver swerves sharply, causing the bus to collide with several parked cars and a streetlamp, resulting in significant property damage. While causing an accident and property damage is illegal, the driver's immediate action prevented a potentially fatal collision with the child.

  Explanation: The driver's decision to cause property damage (the "lesser evil") was made to prevent the far greater harm of seriously injuring or killing a child. The defense would argue that the driver was compelled by necessity to choose the option that minimized overall harm.

• Example 3: A group of hikers is deep in a national park when one member suffers a severe allergic reaction to an insect bite, causing their airway to swell rapidly. They realize they left their emergency epinephrine auto-injector at the campsite, which is a two-hour hike away. Knowing that waiting for park rangers or an ambulance would take too long, another hiker, who is also a trained paramedic, hot-wires a park service ATV that was left unattended nearby and speeds back to the campsite to retrieve the life-saving medication. Operating a park vehicle without authorization and speeding are illegal.

  Explanation: The hiker's actions of unauthorized vehicle use and speeding (the "lesser evils") were undertaken to prevent the imminent and much greater harm of their companion dying from anaphylaxis. The defense would contend that these illegal acts were necessary to save a life when no other timely legal alternative was available.