The first is not completely tautological. For instance if you commit a crime strictly to prevent a greater harm, have no other approach available, there is no pre-made legal exception and it’s the sort of crime that rightfully carries a punishment because I causes actual harm and usually net harm I believe you should still be convicted, but pardoned shortly afterwards.
What about the necessity defense? (That seems to exist only in the United States; I always thought that it was derived from English Common Law.)
ETA: Here’s some discussion on the necessity defense in the context of law school, and it includes our old favourite, the trolley problem. (It also cites an 1810 court case which suggests that the necessity defense does derive from English Common Law, but Wikipedia disagrees.)
The first is not completely tautological. For instance if you commit a crime strictly to prevent a greater harm, have no other approach available, there is no pre-made legal exception and it’s the sort of crime that rightfully carries a punishment because I causes actual harm and usually net harm I believe you should still be convicted, but pardoned shortly afterwards.
What about the necessity defense? (That seems to exist only in the United States; I always thought that it was derived from English Common Law.)
ETA: Here’s some discussion on the necessity defense in the context of law school, and it includes our old favourite, the trolley problem. (It also cites an 1810 court case which suggests that the necessity defense does derive from English Common Law, but Wikipedia disagrees.)