Competing harms
Encyclopedia
Competing harms is a legal doctrine in certain U.S. states, particularly in New England
. For example, the Maine
Criminal Code holds that "Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute." New Hampshire
has a similar statute. The competing harms defense was unsuccessfully raised in the trial of Carter Wentworth for his role in the Clamshell Alliance
's 1977 occupation of the Seabrook Station Nuclear Power Plant
.
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
. For example, the Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
Criminal Code holds that "Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute." New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
has a similar statute. The competing harms defense was unsuccessfully raised in the trial of Carter Wentworth for his role in the Clamshell Alliance
Clamshell Alliance
The Clamshell Alliance is an anti-nuclear organization co-founded by Paul Gunter, Howie Hawkins, Harvey Wasserman, Guy Chichester and other activists in 1976. The alliance's coalescence began in 1975 as New England activists and organizations began to respond to U.S...
's 1977 occupation of the Seabrook Station Nuclear Power Plant
Seabrook Station Nuclear Power Plant
The Seabrook Nuclear Power Plant, more commonly known as Seabrook Station, is a nuclear power plant located in Seabrook, New Hampshire, approximately north of Boston and south of Portsmouth. Two units were planned, but the second unit was never completed due to construction delays, cost overruns...
.