ⓘ State v. Warshow

                                     

ⓘ State v. Warshow

State v. Warshow, Supreme Court of Vermont, 410 A.2d 1000, is a criminal case that set forth conditions for a defense of necessity in civil disobedience during political protests. Four requirements were described that apply to other necessity defenses.

The court wrote:

1. There must be a situation of emergency arising without fault on the part of the actor concerned; 2. this emergency must be so imminent and compelling as to raise a reasonable expectation of harm, either directly to the actor or upon those he was protecting; 3. this emergency must present no reasonable opportunity to avoid the injury without doing the criminal act; 4. the injury impending from the emergency must be of sufficient seriousness to outmeasure the criminal wrong.