Also known as: justification defences · justifications defense · justified defense · justification · affirmative defense of justification
Written by attorneys · grounded in primary & secondary sources — see below
An affirmative defense in criminal prosecutions that renders otherwise criminal conduct non-criminal when the actor reasonably believes the conduct necessary to avoid a greater harm or evil. The defense requires that the avoided harm outweigh the harm the criminal statute seeks to prevent and that no specific exception or legislative purpose excludes the claim. It functions as a complete justification rather than a mere excuse or mitigation.
Jillian James drives her injured neighbor to the hospital after a storm blocks all roads. She exceeds the speed limit and runs a red light to reach medical care in time. The prosecution concedes the driving violations but the justification defense applies because the harm avoided to the neighbor exceeds the traffic offenses charged.
During a hurricane, Mark Miller breaks into an empty beach house to shelter his family after officials order evacuation. The owner later presses trespass charges. The justification defense applies because the harm avoided by protecting life outweighed the property offense and no legislative purpose barred the claim.
Select any source to read its text and confirm it supports the definition.
Nurse Nora Nguyen breaks a pharmacy window to obtain insulin for a diabetic patient in insulin shock when all other sources are closed. The pharmacist files a criminal complaint. The justification defense succeeds because the avoided harm to the patient clearly outweighed the property damage and no statute excluded the defense.
Driver Derek Dalton ignores a police roadblock and drives onto a closed highway to escape an advancing wildfire. He is charged with evading officers. The justification defense applies because the harm avoided by saving lives outweighed the traffic regulation and the statute contained no contrary purpose.
Captain Carla Cruz orders crew to take food and water from an abandoned vessel after their ship sinks. The original owner later seeks theft charges. The justification defense prevails because the harm avoided exceeded the property loss and the penal statute did not plainly exclude the claim.
Officer Owen Ortiz rams a barricaded door to rescue hostages from an armed gunman. The building owner charges criminal mischief. The justification defense applies because the harm avoided to the hostages outweighed the property damage and no legislative purpose barred the defense.
Yes. Justification is an affirmative defense that the defendant must raise, after which the prosecution bears the burden of disproving it beyond a reasonable doubt.
Supporting sources
Justification approves the conduct as right or at least not wrongful under the circumstances while excuse concedes the conduct was wrongful but holds the actor not blameworthy due to personal circumstances.
The justification defense is unavailable for any offense that can be committed by recklessness or negligence when the actor was reckless or negligent in bringing about the situation or in appraising the need for the conduct.
Supporting sources
No. The fact that conduct is justifiable under the criminal code does not abolish or impair any civil remedy available for the same conduct.
Supporting sources
…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…