The Illustrated Guide to Criminal Law
Chapter 13: I Had No Choice!
Necessity pg 8: Elements of Necessity
Harry the Hero counting off on his fingers
HARRY
So first, I sincerely believed that there was an immediate danger.
Second, the harm I did was smaller than the harm I tried to prevent.
One house destroyed is less than several houses destroyed
That’s why this is sometimes called the “lesser of two evils” defense.
And last, there was no other option that was less severe. The fire department wouldn’t come in time, and blowing out fires isn’t one of my powers.
So how often does this defense come up in real life? I don’t want to read too much into the choice of a superhero rather than the regular people the rest of the examples are, but…
I would bet that this defense motivates a lot of prosecutors to simply not bring cases.
If Edward Snowden ever comes back to the US, I bet this’ll be his defense.
What if you ‘sincerely believe’ there is no other option, but there is?