Necessity - Revision history

Ibjadmin at 13:45, 12 November 2010

2010-11-12T13:45:43Z

← Older revision		Revision as of 15:45, 12 November 2010
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	An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.		An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.
			----
	See [[Defenses]]		See [[Defenses]]

Ibjadmin: /* Defenses */

2010-06-08T20:15:41Z

Defenses

← Older revision		Revision as of 22:15, 8 June 2010
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	An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.		An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.

	~~== Defenses ==~~		See [[Defenses]]

	~~'''Table of Contents'''~~

	~~===Procedural Defenses===~~
	* [[Double jeopardy]]
	*[[ Statutory Limitation]]
	*[[ Lack of jurisdiction]]
	* [[Entrapment]]
	* [[~~Procedural defects]]~~
	* [[Motion to suppress]]
	*[[ Immunity and Public Authority]]

	~~===Normal~~ Defenses~~===~~
	* [[Self-Defense]]
	* [[Defense of others]]
	* [[Defense of property]]
	* [[Mental Incapacity]]
	* [[Alibi]]
	* [[Necessity]]
	* [[Duress]]
	* [[Physical Impossibility]]
	* [[Mistake of Law]]
	* [[Mistake of Fact]]
	* [[Mistake of identity]]
	* [[Consent]]
	* [[Lack of intent]]
	* [[Maltreated Women Syndrome]]
	*[[ Intoxication]]
	* [[Criminal act with Sincere Intent]]

Ddemetriou at 13:20, 31 May 2010

2010-05-31T13:20:00Z

← Older revision		Revision as of 15:20, 31 May 2010
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	An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.		An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.

			== Defenses ==

			'''Table of Contents'''

			===Procedural Defenses===
			* [[Double jeopardy]]
			*[[ Statutory Limitation]]
			*[[ Lack of jurisdiction]]
			* [[Entrapment]]
			* [[Procedural defects]]
			* [[Motion to suppress]]
			*[[ Immunity and Public Authority]]

			===Normal Defenses===
			* [[Self-Defense]]
			* [[Defense of others]]
			* [[Defense of property]]
			* [[Mental Incapacity]]
			* [[Alibi]]
			* [[Necessity]]
			* [[Duress]]
			* [[Physical Impossibility]]
			* [[Mistake of Law]]
			* [[Mistake of Fact]]
			* [[Mistake of identity]]
			* [[Consent]]
			* [[Lack of intent]]
			* [[Maltreated Women Syndrome]]
			*[[ Intoxication]]
			* [[Criminal act with Sincere Intent]]

Ddemetriou at 14:48, 7 April 2010

2010-04-07T14:48:59Z

← Older revision		Revision as of 16:48, 7 April 2010
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	~~When the accused committed some~~ crimes to ~~avoid more serious damage,~~ the defense ~~of necessity can be adopted~~. ~~If the accused exceeds the limits of~~ necessity ~~and causes undue damage~~, he ~~shall bear criminal responsibility, however, he shall be given~~ a ~~mitigated punishment or be exempted~~ from ~~punishment~~.		Necessity is a justification to crimes. Necessity is similar to the duress defense but duress involves a threat from humans. To establish necessity, a defendant presents evidence that he committed a crime because of pressure from natural forces. The defendant must establish that he believed that the conduct was necessary to avoid harm to society that would be greater than the harm caused by his criminal conduct. The physical pressures render the defendant's otherwise criminal conduct justifiable.
	~~Generally, the~~ defendant must ~~show~~ that:
	* the ~~harm he tried~~ to ~~avoid outweighs~~ the ~~danger~~ of ~~the prohibited act he~~ is ~~charged with;~~		There are two exceptions. The defense is not available to a defendant who is responsible for creating the situation that required him to choose between the two evils. Additionally, causing the death of a person to protect property is never justified.
	* he had no reasonable alternative;
	* he ceased to ~~engage in~~ the ~~prohibited act as soon as~~ the ~~danger passed~~		An example might help explain the circumstances under which the defense is appropriate. During a violent storm on a ship, a passenger determines it is necessary to throw some cargo overboard to save the lives of the people on the ship. Such actions would not constitute criminal damage to property. However, under no circumstances could someone throw passengers overboard in order to save cargo.
	* he did not ~~create himself the danger he sought~~ to ~~avoid~~.

Ddemetriou at 08:54, 7 April 2010

2010-04-07T08:54:04Z

← Older revision		Revision as of 10:54, 7 April 2010
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	When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, however, he shall be given a mitigated punishment or be exempted from punishment.		When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, however, he shall be given a mitigated punishment or be exempted from punishment.
	Generally, the defendant must show ~~by introducing evidence~~ that:		Generally, the defendant must show that:
	* the harm he tried to avoid outweighs the danger of the prohibited ~~conduct~~ he is charged with;		* the harm he tried to avoid outweighs the danger of the prohibited act he is charged with;
	* he had no reasonable alternative;		* he had no reasonable alternative;
	* he ceased to engage in the prohibited ~~conduct~~ as soon as the danger passed		* he ceased to engage in the prohibited act as soon as the danger passed
	* he did not create himself the danger he sought to avoid.		* he did not create himself the danger he sought to avoid.

Ddemetriou at 08:53, 7 April 2010

2010-04-07T08:53:03Z

← Older revision		Revision as of 10:53, 7 April 2010
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	When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, however, he shall be given a mitigated punishment or be exempted from punishment.		When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, however, he shall be given a mitigated punishment or be exempted from punishment.
			Generally, the defendant must show by introducing evidence that:
			* the harm he tried to avoid outweighs the danger of the prohibited conduct he is charged with;
			* he had no reasonable alternative;
			* he ceased to engage in the prohibited conduct as soon as the danger passed
			* he did not create himself the danger he sought to avoid.

Ddemetriou: Created page with 'When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue dama�'

2010-04-07T08:51:23Z

Created page with 'When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue dama�'

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When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, however, he shall be given a mitigated punishment or be exempted from punishment.