What is interesting and distinctive about this group of
crimes is that, in a surprisingly large number of cases, there is a
genuine doubt as to whether what the defendant was alleged to
have done was in fact morally wrong. In such cases, the issue is
not, as it is with necessity, whether the defendant was confronted
with some extraordinary choice between either obeying the law,
and allowing significant harm to occur; or violating the law, and
preventing such harm. Rather, the question is whether the conduct
engaged in was more or less acceptable behavior, at least in
the realm in which it was performed, and therefore, should not
have been subject to criminal sanctions in the first place.