Other states call Choice or Evils the
Doctrine of Necessity. Essentially the person is forced to choice
between two alternatives and the violation of a minor law or minor
infraction must be allowed to prevent a major violation of the law or more
serious harm.
One example is that in order to save a
life a person may have to break into a medical supply store. The crime
of taking property or trespassing had to be committed to avoid the loss of a
life. However this is a difficult defense unless it can be proven and
it can never be used if the harm committed is equal to the harm avoided.
Therefore it can never be used for an intentional homicide while Justifiable
homicide is a defense to intentional homicide.
Just because the law
grants you the right to use justifiable homicide does not mean that you won't be
prosecuted or sued anyway. It is your burden of proof if you carry
concealed outside your home or auto and you must
know the law if you are in licensed for concealed carry in Kentucky. Essentially here is the
Choice
of Evils Statute KRS 503.030 which is similar law to the legal defense of
Justifiable Homicide
KRS 503.050. Notice that Choice of Evils which is also
called the Doctrine of necessity can only be used if the use of force was
not lethal. If you are prosecuted or sued the Justifiable Homicide
defense will even protect a person from civil liability under 503.085.