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-   -   What is the legal terminology for 'misconduct by necessity' (https://www.askmehelpdesk.com/showthread.php?t=530285)

  • Nov 30, 2010, 06:18 AM
    hader
    What is the legal terminology for 'misconduct by necessity'
    Example: you exceed the speed limit to save a life.
    Thank you!
  • Nov 30, 2010, 06:35 AM
    excon

    Hello h:

    I don't think there IS a term for that... Why don't you tell us what happened, and we'll try to figure it out?

    excon
  • Nov 30, 2010, 06:36 AM
    tickle

    Interesting question. My guess, only, is prejudicial misconduct. Lets see what others say. Or are you looking for something simpler as in your example ?

    Tick
  • Nov 30, 2010, 06:39 AM
    AK lawyer

    "Defense of Necessity". The term may be different in other jurisdictions, so to be sure, check the criminal code in the applicable jurisdiction.
  • Nov 30, 2010, 06:43 AM
    excon

    Hello again, h:

    Let me expand on my answer... In our system, there is NO terminology for breaking the law because you have to... There just ain't no such thing...

    There IS, however, mitigation at sentencing... That means if somebody had a real good reason for breaking the law, the judge will consider it. Certainly, the prosecutor doesn't have to bring charges either. That's called judicial discretion..

    excon
  • Nov 30, 2010, 07:05 AM
    AK lawyer
    Quote:

    Originally Posted by excon View Post
    ... In our system, there is NO terminology for breaking the law because you have to... There just ain't no such thing...
    ...

    Yes. Actually there is, in at least some states.

    Quote:

    ... necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was necessary to prevent some greater harm and when that conduct is not excused under some other more specific provision of law such as self defense.
    Necessity - Wikipedia

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