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    hader's Avatar
    hader Posts: 22, Reputation: 3
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    #1

    Nov 30, 2010, 06:18 AM
    What is the legal terminology for 'misconduct by necessity'
    Example: you exceed the speed limit to save a life.
    Thank you!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 30, 2010, 06:35 AM

    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
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Nov 30, 2010, 06:36 AM

    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 30, 2010, 06:39 AM

    "Defense of Necessity". The term may be different in other jurisdictions, so to be sure, check the criminal code in the applicable jurisdiction.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Nov 30, 2010, 06:43 AM

    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 30, 2010, 07:05 AM
    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.

    ... 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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