1981/12/01 by Michigan Law Review · 2 citations
Social Sciences · Arts and Humanities · #Religion and Society Interactions #Study and Philosophy of Religion #Religious Studies and Spiritual Practices
paper · doi:10.2307/1288050
openalex publication_date 1981/12/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/02
This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.