imported post
Aaron1124 wrote:
What is the general term used to describe "Breaking the law to prevent a greater law from being broken"?
For example, a city has an ordinance prohibiting the discharge of a firearm within city limits, but an individual is justified when discharging a firearm in self defense of an intruder.
Or the State has a law which prohibits the carry of a firearm inside a liquor establishment that is off limits to those under 21, however, a customer present in the bar witnesses a large man severely beating a smaller man, and the customer runs out to his car, grabs his firearm, comes back in, and intervenes.
Is there a general term used to describe these sort of situations?
In Washington it is Law of Necessity.
Competing Harms or Necessity in Washington State (
77 Wn. App. 222, STATE v. JEFFREY)
Washington Pattern Jury Instructions--Criminal
2008 Edition Prepared by the Washington Supreme Court Committee On Jury Instructions, Hon. Sharon S. Armstrong, Co-Chair, Hon. William L. Downing, Co-Chair
Part IV. Defenses
WPIC CHAPTER 18. Miscellaneous Defenses
WPIC 18.02 Necessity—Defense
Necessity is a defense to a charge of __________ if (1) the defendant reasonably believed the commission of the crime was necessary to avoid or minimize a harm; and (2) the harm sought to be avoided was greater than the harm resulting from a violation of the law; and (3) the threatened harm was not brought about by the defendant; and (4) no reasonable legal alternative existed. The defendant has the burden of proving this defense by a preponderance of the evidence. Preponderance of the evidence means that you must be persuaded, considering all the evidence in the case, that it is more probably true than not true. If you find that the defendant has established this defense, it will be your duty to return a verdict of not guilty
[as to this charge].
NOTE ON USE
Use in every case in which the common law defense of necessity is asserted. Do not use when a statute, or case law, provides exceptions or defenses dealing with the specific situation involved. See the Comment below. Use WPIC 19.17, Bail Jumping—Unforeseen Circumstances—Defense, and WPIC 19.16, Escape—First and Second Degree—Unforeseen Circumstances—Defense, when the offense charged is bail jumping or escape. Use WPIC 52.10, Marijuana—Qualifying Patient—Defense, or WPIC 52.11, Marijuana—Designated Provider—Defense, when the offense charged is possession, delivery, or manufacturing of marijuana. Use WPIC 94.10, Attempting to Elude a Police Vehicle—Reasonable Belief that the Pursuer is Not a Police Officer—Defense, when the offense charged is eluding and the defendant is claiming that the identity of the driver of the pursuing vehicle was unknown to him or her. For certain medical necessity cases, paragraph (4) may need to be revised to add the phrase “equally effective.” See discussion in the Comment below.
