Faculty in the News
In the News
Alleged killer of abortion doctor fights for necessity defense
Publication date: Nov. 25, 2009
Source: HateWatch
Author: Sonia Scherr
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An entry on the Southern Poverty Law Center's HateWatch blog about the fight by Scott Roeder, who is accused of killing Wichita abortion provider George Tiller, to use the "necessity defense" at trial quoted Melanie Wilson, associate professor of law.
HateWatch wrote:
Also known as the "choice of evils" defense, the necessity defense is on the books in many jurisdictions and allows defendants to argue that they needed to take action to prevent greater harm. "Kansas has never to my knowledge recognized the necessity defense in its statutes, but sometimes defendants do raise it," said Melanie Wilson, a law professor at the University of Kansas School of Law. In those cases, the court has declined to decide whether Kansas should recognize it, saying it's a moot point because the defendant can't meet the criteria for the defense. "It's a legitimate defense," Wilson said. "It's one that's difficult to prove because there are many prongs to it."
For instance, the action that the defendant tried to prevent must be illegal -- not simply perceived as immoral. If a woman has the right to an abortion under certain circumstances -- and if the abortions that Tiller performed were lawful -- then Roeder could not successfully argue that he was justified in killing Tiller to stop him from carrying out abortions, Wilson said.