Also known as:justification defense · justification
Written by attorneys · grounded in primary & secondary sources — see below
An affirmative defense that renders otherwise criminal conduct lawful when the actor reasonably believes the conduct is necessary to avoid a harm or evil to self or another. The harm avoided must outweigh the harm the criminal law seeks to prevent, and no specific exception or legislative purpose excludes the defense.
Sources & Authorities
How it applies
Common Examples
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Choice of Evils in Storm
Dominic Drake, facing an approaching hurricane, breaks into an unoccupied cabin to shelter his family after the roads flood. He believes the entry prevents greater harm from exposure than the property offense charged. The justification defense applies because the avoided harm exceeds the statutory violation and no legislative exclusion bars the claim.
Adverse Use Proceedings
Deborah Dunn maintains a path across neighboring land for years. When the owner sues to halt the use, Dunn asserts that her continued access was justified to reach essential services. The justification defense succeeds because the harm avoided by the access outweighs the trespass and no statute excludes the claim.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Study Supplements
Gender Classification Challenge
Darrell Duncan, a state official, implements a single-sex admissions policy at a public academy after determining that integrated classes would create safety risks for female cadets. He claims the classification is justified by the important objective of protecting students. The defense applies because the government meets its burden with an exceedingly persuasive justification substantially related to the objective.
Discovery Certification Error
Diane Dawson's attorney signs a discovery response without verifying its completeness, believing the omission avoids undue burden on the client. When sanctions are sought, the attorney asserts justification under the circumstances. The defense fails because the certification lacked substantial justification and the rule requires sanctions for the violation.
Slayer Rule Application
Dustin Donovan kills his spouse in what he claims was justified self-defense during an assault. After acquittal on criminal charges, he seeks inheritance under the will. The justification defense prevents application of the slayer rule because the killing occurred with legal excuse.
Injurious Falsehood Statement
Daniel Diaz publishes a report stating that a competitor's product is defective. He claims the statement is justified because the facts are true and protect consumers from harm. The justification defense bars liability for injurious falsehood because the publisher establishes the truth of the underlying facts.
Common questions
Frequently Asked
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What must the defendant prove to establish the defense of justification under the Model Penal Code?+
The defendant must show a belief that the conduct was necessary to avoid a greater harm or evil, that the avoided harm outweighs the harm prevented by the offense, and that no statute or legislative purpose excludes the defense. The justification is unavailable if the defendant was reckless or negligent in creating the situation.
Supporting sources
How does justification differ from excuse in criminal law?+
Justification makes the conduct proper and legal under the circumstances, while excuse acknowledges the conduct as criminal but relieves liability because the actor reasonably believed justifying facts existed. The distinction affects whether the conduct is deemed lawful.
Supporting sources
Can justification apply when the defendant created the emergency through negligence?+
No. The defense is unavailable in a prosecution for an offense requiring only recklessness or negligence if the actor was reckless or negligent in bringing about the situation or in appraising the need for the conduct.
Supporting sources
Is justification an affirmative defense?+
Yes. Justification is an affirmative defense that the defendant must raise, though the prosecution retains the burden of disproving it beyond a reasonable doubt once evidence is introduced.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…early in pregnancy and those performed later, and it limits to a single reason, "saving the life of the mother," the legal justification for the procedure. The statute, therefore, cannot survive the constitutional attack made upon it here. This conclusion makes it unnecessary for us to consider the additional challenge to…