The Illustrated Guide to Criminal Law
Chapter 13: I Had No Choice!
Necessity pg 17: The Minority Approach
A minority of states have started to use a more modern approach, where necessity would knock Jill’s intentional homicide down to a lesser charge, or even make it no crime at all.
But even in those states, Jill might not get off.
Surprised and worried Jill
JILL
How come?
Because even there, the harm prevented must be greater than the harm that was done.
And Jack’s life weighs the same as Jill’s life.
Scales balanced with stick figures of Jack and Jill on either side.