About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

7 Stan. J. Animal L. & Pol'y i (2014)

handle is hein.journals/stanilpo7 and id is 1 raw text is: Stanford Journal of Animal Law & Policy | Vol. 7 2014 STANFO R journal of Animal Law and Policy Volume 7 2014 WHEN IS RESCUE NECESSARY? APPL YING THE NECESSITY DEFENSE TO THE RESCUE OF ANIMALS By Jenni James ABSTRACT The necessity defense encourages citizens faced with untenable options to choose the action that generates the greatest social utility, even when that act is illegal. Reserved for the rarest occasions, the defense allows a person to argue that his otherwise illegal action should not just be excused, but that it was justified. The defense has the power to transform a criminal defendant into a community hero-but the line between hero and vigilante is thin. As a result, the defense has more vitality in the halls of academia than in courtrooms. The defense proves particularly elusive when invoked by those who rescue nonhuman animals from abusive situations. Although the defense is seldom explicitly barred by the legislature, the defense is generally poorly defined and its application is highly discretionary. This ambiguity in application allows judges to place the defense beyond the reach of animal advocates. This article argues that judges are overly cautious when denying the defense to those who rescue nonhuman animals. It concludes that a more robust application of the defense could ultimately conserve judicial resources while honoring the integrity of our judicial system. By allowing the defense to proceed in what appear to be close cases, judges would preserve their neutrality and allow juries to decide how best to resolve the tension in the law that simultaneously protects and exploits nonhuman animals. James

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most