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When asserting a justification defense, a criminal defendant admits to engaging in the charged conduct but argues that criminal liability isn’t appropriate because of the circumstances surrounding that conduct. In United States versus Holmes, we explore one type of justification defense, namely necessity. In 1841, the American ship William Brown left England for Philadelphia with seventeen crewmembers and 65 passengers on board. About a month into the journey, the ship struck an iceberg off Newfoundland and began to sink quickly. The captain, 8 crewmembers, and one passenger got into the ship’s jolly boat. And the first mate, 8 remaining crewmembers, and 32 passengers boarded the ship’s longboat. The passengers obliged to remain behind perished with the ship. The next morning, as the jolly boat and longboat started to drift apart, the captain instructed crewmembers on the longboat to obey the first mate. The longboat was overloaded and leaky, prompting a brief discussion between

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