defense of necessity

USAGE SUMMARY

"defense of necessity" is correct and usable in written English. You can use it in legal contexts or discussions about justifying actions taken in urgent situations. For example, "The defendant argued for a defense of necessity, claiming that the action was required to prevent greater harm." Alternative expressions include "justification of necessity" and "necessity defense."

✓ Grammatically correct

News & Media

Science

Wiki

Human-verified examples from authoritative sources

Exact Expressions

6 human-written examples

Ms. Gun is being allowed by British courts to plead an unusual "defense of necessity".

The New York Times

His lawyer, Ronald J. Yengich, recently asked that the jury be allowed to consider a defense of necessity, or "choice of evils," when the trial begins, perhaps early next year.

The New York Times

The judge, Baron Huddleston, who makes a poor figure in this story, is now renowned for the ruling disallowing the defense of necessity, which is still the decisive precedent in murder cases.

The New York Times - Books

The home secretary and some law officers decided to use the case to test the defense of "necessity," in which a killing is committed to save one's own life other than in direct self-defense.

The New York Times - Books

Florida's medical necessity doctrine is built upon Florida's common law defense of necessity, as outlined in Fla .Stat.

Vice

[ 45] The Court also ruled that the State could not use the defense of "necessity" to justify such treatment.

BMC Medical Ethics

Human-verified similar examples from authoritative sources

Similar Expressions

53 human-written examples

Noticeably, the titers of accumulated CaLCuV Δ trap were much lower than the ones of CaLCuV, suggesting either redundant activity of KYP paralogs in host defense or necessity of additional functions of TrAP besides inhibition of KYP activity for the virus to achieve efficient infection.

eLife

"The memo explains issues of necessity, self-defense and the meaning and applicability of treaties.

The New York Times

Book II concludes with three more chapters treating the various duties toward ourselves (II.4), the right and limits of self-defense (II.5), and the right of necessity (II.6).

SEP

"Its sweeping, expansive view of necessity and self-defense would curl the hair of people in the criminal division" of the Justice Department, said Professor Dellinger, who was in charge of the legal counsel's office in the Clinton administration.

The New York Times

This violence was sanctioned in the name of the American people with patriotic rhetoric of necessity and self-defense by both the Bush and the Obama administrations.

Huffington Post

Expert writing Tips

Best practice

When employing the "defense of necessity", ensure you can clearly articulate the imminent danger, the lack of legal alternatives, and a direct causal relationship between your actions and averting the greater harm. Solid evidence is key.

Common error

Don't confuse potential future harm with an immediate threat. The "defense of necessity" requires a present and unavoidable danger, not a hypothetical scenario.

Linguistic Context

The phrase "defense of necessity" functions as a noun phrase that identifies a specific legal defense strategy. This defense is invoked when a person admits to committing a crime but argues that it was necessary to prevent a greater harm. Ludwig examples confirm its use in legal and journalistic contexts.

Expression frequency: Uncommon

Frequent in

News & Media

50%

Science

33%

Wiki

17%

Less common in

Encyclopedias

0%

Formal & Business

0%

Social Media

0%

Ludwig's WRAP-UP

The phrase "defense of necessity" refers to a legal strategy where a defendant admits to committing a crime but argues that it was done to prevent a greater harm. As Ludwig AI confirms, this phrase is grammatically correct and primarily used in legal, news, and academic contexts. Synonyms include "necessity defense" and "justification of necessity". To effectively use this defense, it's crucial to demonstrate an imminent threat and the lack of legal alternatives.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

necessity defense

A more concise and common term for the same legal concept.

justification of necessity

Emphasizes the act of providing reasons for the necessity.

defense based on necessity

Broadly describes the defense strategy using necessity as its core argument.

choice of evils defense

Highlights the decision-making aspect when faced with difficult choices.

doctrine of necessity

Refers to the legal principle or established rule of necessity.

plea of necessity

Focuses on the act of formally requesting consideration of necessity in a legal setting.

excusable necessity

Highlights that the act was justifiable given the circumstances.

claim of necessity

Focuses on the assertion that the act was necessary.

compelling necessity

Emphasizes the overwhelming and unavoidable nature of the necessity.

imperative necessity

Similar to compelling necessity, stressing the urgency and importance.

FAQs

What is meant by the "defense of necessity"?

The "defense of necessity" is a legal argument where a defendant admits to committing a crime, but claims it was necessary to prevent a greater harm. It's often considered when there were no reasonable legal alternatives.

When is the "defense of necessity" applicable?

The "defense of necessity" is typically applicable when facing an imminent threat, where violating the law is the only way to prevent a more significant harm from occurring. The harm prevented must outweigh the harm caused by the illegal action.

What are some "alternatives to" the term "defense of necessity"?

Alternatives include the "necessity defense", "justification of necessity", or the "choice of evils defense". These terms are often used interchangeably in legal discussions.

How does the "defense of necessity" differ from self-defense?

Self-defense involves using force to protect oneself from immediate physical harm. The "defense of necessity" involves breaking the law to prevent a greater harm that isn't necessarily a direct physical attack on oneself.