Again, behind this principle we see a deeper principle of volition. If Jack was going to die anyway, then she wasn’t in control of that. She was choosing to actively save herself, rather than actively choosing to kill him. That analysis could get messy, but then again so is real life. That’s why we have juries.
The Illustrated Guide to Criminal Law Chapter 13: I Had No Choice! Necessity pg 18: Volitional or Passive
So the question is whether Jack was going to die anyway. If Jack was a goner, then Jill acted so that only 1 would die instead of 2. If Jack was a goner, then Jill’s choice of evils was this:
Two gravestones
Do nothing, and BOTH die
or
One gravestone
Kill one, so that one lives.
If Jack was going to die anyway, then under the minority (modern) view, by killing him to save herself, Jill did the right thing.
