Justification and excuse as defenses to criminal charge

On May 9, 7:48 am, dr_phill...@yahoo.com wrote:
> What is the legal term for when you break the law in a situation
> where it is beneficial to yourself and society to do so?
>
> An example would be driving above the speed limit in a medical
> emergency or driving below the minimum speed limit during
> inclement weather conditions.

I believe the word you are looking for is either "justification" or "excuse".   If the court, at trial, buys either defense, then the act was _not_ in fact against the law, and the verdict will be "not guilty".   So I assume you mean, what is the term for committing an act that would _otherwise_ be illegal except for the applicability of one of those defenses?

An act that would otherwise be illegal is "justified" if the person who did the act did so intentionally, but had a higher legal reason specifically allowing him to do so.   Frex, a cop shooting a perp who drew a weapon when the cop asked him to halt, would probably be found to have committed "justifiable homicide", which is not a crime.

An act that would otherwise be illegal is "excused" if the person who did the act simply could not avoid doing so in the course of doing something else the actor was legally permitted, or better, required to do.  Frex, your driver who is going faster than the speed limit in order to save a life while rushing to the hospital.  A judge would likely "excuse" his violation on grounds that the medical emergency took precedence, assuming the driver still tried to do so as safely as possible.   There's no excuse for driving recklessly in a manner that is just as likely to take a life as to save one.

Your other example, driving slower than the minimum speed due to inclement weather, would probably not need either of those defenses.   AFAIK the idea of minimum speed only applies on limited-access superhighways and, unless your state's law is very poorly drafted, the law only requires drivers to maintain at least that minimum speed "where conditions permit".   So, it would not even be a prima facie violation of that law to drive slower than the minimum limit in a blizzard, or, much more commonly, in heavy traffic which is moving slower than the limit.   Otherwise, several thousand drivers on the Washington Beltway would be ticketed each morning and afternoon for failing to keep up the minimum speed while sitting there idling in rush hour.   Actually, that's a nice thought.  8*)

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