Competing harms is a legal doctrine in certain U.S. states, particularly in

New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...

. For example, the

Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...

Criminal Code holds that "Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute."

New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

has a similar statute. The competing harms defense was unsuccessfully raised in the trial of Carter Wentworth for his role in the

Clamshell Alliance The Clamshell Alliance is an anti-nuclear organization founded in 1976 to oppose the Seabrook Station nuclear power plant in the U.S. state of New Hampshire. The alliance has been dormant for many years. The group was co-founded by Paul Gunter, ...

's 1977 occupation of the

Seabrook Station Nuclear Power Plant The Seabrook Nuclear Power Plant, more commonly known as Seabrook Station, is a nuclear power plant located in Seabrook, New Hampshire, United States, approximately north of Boston and south of Portsmouth. It has operated since 1990. With its ...

References

{{reflist Criminal defenses

See also

References