Scott Roeder Can’t Use ‘Necessity’ Defense

Charles Johnsonfollow me on twitter
US News • Tue Dec 22, 2009 at 12:21 pm PST • Views: 812

Scott Roeder, the fanatical anti-abortion “activist” who confessed to murdering Dr. George Tiller in church, will not be allowed to use the ludicrous “necessity defense” in his trial — which is no surprise.

Under a necessity defense, a defendant argues an action was justified because breaking the law was more advantageous to society than following it. Several anti-abortion activists facing criminal charges have attempted to use the defense but none has been successful.

In an Associated Press interview last month, Roeder admitted killing Tiller and said he plans to argue at this trial that the shooting was justified.

“Because of the fact preborn children’s lives were in imminent danger, this was the action I chose,” he said. “… I want to make sure that the focus is, of course, obviously on the preborn children and the necessity to defend them.”

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