The Illustrated Guide to Criminal Law
Chapter 13: I Had No Choice!
Necessity pg 20: Right Here, Right Now
In states that justify killing by Necessity, it’s more likely to work when several other lives were saved by taking that one life.
Scales again, one side with lots of stick figures outweighing the side with one stick figure.
Heaviset man in shorts, printed T-shirt, and jacket, holding a protest sign and a pistol
GUN GUY
So in one of those states, could I claim Necessity as a defense to killing an abortion doctor, if doing so saves many-
I see where you’re going with that. The answer is no, because abortion is specifically permitted by the State. As a matter of law, it’s not a “harm” at all. So it just doesn’t outbalance the value of the doctor’s own life.
And anyway, you’re only doing it to prevent possible future acts, not an immediate act going on right now. That’s never Necessity.
Plus, it’s still illegal to kill the abortion doctor, even if you witness it apparently about to happen; that’s for the justice system to decide, not you personally.