Legal Definitions - choice-of-evils defense

The choice-of-evils defense is a type of affirmative defense used by a defendant in a criminal case. It argues that the defendant's actions, which would normally be considered illegal, were necessary to prevent a greater harm or evil from occurring. This defense is also known as the lesser-evils defense.

For example, if a person breaks into a store to steal medicine for their sick child, they may use the choice-of-evils defense to argue that their actions were necessary to prevent harm to their child. The defense acknowledges that the defendant committed a crime, but argues that their actions were justified under the circumstances.

Other examples of affirmative defenses include duress, insanity, and self-defense in a criminal case. The defendant must prove these defenses to be successful.