Also known as: reasonable alternatives
Written by attorneys · grounded in primary & secondary sources — see below
An option or course of conduct that is feasible and adequate to achieve the relevant legal objective without triggering the coercive or exclusionary consequence at issue. The concept requires decision-makers to identify and evaluate such options before imposing exclusion, voidability, or involuntariness findings.
Rachel Ramirez seeks to attend the sentencing of the defendant who assaulted her. The prosecutor moves to exclude her from part of the hearing. The court finds that her testimony could be affected by hearing other evidence but identifies a seating arrangement allowing her to attend without viewing the disputed testimony. The court permits her attendance under that arrangement rather than ordering full exclusion.
Ronald Reed faces foreclosure in ten days and receives an offer from Ridgeway Partners well below market value. The buyer threatens to publicize the foreclosure to Reed's employer unless he signs immediately. Reed learns of two other potential buyers willing to pay closer to market value if given a few extra days. The existence of those buyers supplies a reasonable alternative that prevents the threat from rendering the contract voidable.
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Regina Robinson, a stagehand, refuses to work under a visibly unsecured lighting rig. Her director threatens to remove her from all future productions if she leaves. Robinson stays and is injured when the rig falls. Because the director's threat left her with no reasonable alternative that preserved her livelihood, her continued presence does not constitute voluntary assumption of the risk.
A defendant charged under a federal statute prohibiting firearms near schools argues the law exceeds Congress's commerce power. The statute lacks any jurisdictional element tying possession to interstate commerce. The absence of such an element leaves no reasonable alternative construction that would avoid the constitutional question presented.
Chicago enforces an ordinance allowing police to disperse groups that include suspected gang members. Challengers argue the ordinance is unconstitutionally vague. The city contends that narrower interpretations or targeted enforcement against harmful conduct supply reasonable alternatives that would cure the vagueness without striking the entire law.
A trial court considers closing voir dire to protect juror privacy. The press objects on First Amendment grounds. The court must evaluate whether measures such as in-camera questioning of only sensitive jurors or redacted transcripts constitute reasonable alternatives before ordering complete closure.
A contract is voidable for duress only when an improper threat leaves the victim with no reasonable alternative. If another feasible option exists, such as pursuing other buyers or seeking legal advice, the threat does not render the contract voidable.
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Assumption of risk requires voluntary acceptance. If the defendant's conduct leaves the plaintiff with no reasonable alternative course of conduct to avoid harm or protect a right, the acceptance is not voluntary and the defense fails.
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The court must make every effort to permit the fullest attendance possible and must consider reasonable alternatives to exclusion. Exclusion is permitted only upon clear and convincing evidence that the victim's testimony would be materially altered, and the reasons must be stated on the record.
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…a statute in a manner that requires decision of serious constitutional questions only if the statutory language leaves no reasonable alternative"). Unlike the statute in Bass , § 922(q) has no express jurisdictional element which might limit its reach to a discrete set of firearm possessions that additionally have an explicit…