Choice of Evils, Essay Example

The choice of evils defense is used to claim that a crime was committed in order to prevent another, more serious crime (Berman, 2003).  This defense has been used in capital cases where the accused adult commits a violent act upon his or her parents because of sexual abuse as a child (Litton, 2005).  Adult children who commit such acts may believe that the attack is preemptory and might prevent the abusers from perpetrating similar crimes on other children.

This defense has been used in an attempt to invoke sympathy from the jurors, making the defendant appear morally justified in the commission of the alleged crime.  The case of Jeffrey Dahmer, the convicted serial killer, is a perfect example of the choice of evils defense. Dahmer’s attorneys tried to humanize him by suggesting he was abused as a child(truTV.com). The jurors were not convinced and handed over a death sentence.

Whether or not one crime justifies another is up to the jury to decide. The choice of evils defense however is appropriate in child abuse situations.  This defense might elicit emotional sympathy from some jury members, allowing the defense team to plant the seed of reasonable doubt.  The gruesomeness of some crimes, as in the case of Jeffrey Dahmer, will likely outweigh the effectiveness of the choice of evils defense.The choice of evils defense could also be used in capital cases when the defendant is pleading insanity. Often criminal defendants who have committed unspeakable crimes use the insanity defense.  When the jury finds a defendant not guilty by reason of insanity, particularly when the crime was on a public figure as in the case of John Hinckley’s assassination attempt on President Reagan, the public is usually outraged and points to jury incompetence (Simon & Aaronson, 1988, p. 113).  Whatever the fallout may be, it is the defense attorney’s job to give a vigorous defense for his client.  The choice of evils defense works well in the above two cases.

References

Berman, M. N. (2003). Justification and Excuse, Law and Morality. Duke Law Journal, 53(1), 1+. Retrieved May 17, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5002110886

Jeffrey Dahmer – Serial Killer and Cannibal — A Victim Almost Escapes — Crime Library on truTV.com. Retrieved May 18, 2011, from Web site: http://www.trutv.com/library/crime/serial_killers/notorious/dahmer/why_4.html

Litton, P. (2005). The “Abuse Excuse” in Capital Sentencing Trials: Is It Relevant to Responsibility, Punishment, or Neither?. American Criminal Law Review, 42(3), 1027+. Retrieved May 18, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5010862730

Simon, R. J., & Aaronson, D. E. (1988). The Insanity Defense: A Critical Assessment of Law and Policy in the Post-Hinckley Era. New York: Praeger. Retrieved May 18, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=15307437