A) The Defense of Necessity, is a defense when an offender breaks a law in order to prevent a more serious crime or more disastrous situation for themselves or others from happening. There usually are three components to be reviewed to be eligible for this type of defense in court. First, that the person in question was in serious, confirmed, immediate, and unavoidable danger. The accused also must prove there was no other legal alternatives, opportunities or choice in their dire situation and that the crime avoided was proportionate to the crime inflicted. An example could be, if a group of guys are on a winter hunting trip in the middle of nowhere and one heavily drunk man decides to start shooting towards the other men. The other men immediately
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The witness can also explain that the accused was somewhere else and it was impossible for them to have committed the crime. The credibility of the witness severely improves or diminishes the defense depending on how long the witness has known the accused, the relationship between them and even the amount of witnesses testifying. For example, if a woman was arrested for robbing a convenience store at 8am, the defense can use her co-workers or boss to explain she was at work at her desk between 6am-12pm. To build credibility of the witness statement, the defense could also use evidence like the footage of security cameras in her work, swipe cards or even the her phone 's GPS tracker proven where she was located at exactly what time..
The Defense of Automatism can be used when someone has automatically, unconsciously and involuntarily committed a criminal act. This defense can be used to help show in court that the accused had no want, need, intent or plan before or during the preformed crime. The defense could also use medical records to determine there was nothing that would have shown that a random, involuntary criminal act would occur. For example, a healthy 30 year old triathlete would be found not guilty if she had a stroke, passed out while driving and crashes into a crowd at a coffee
The witness can also explain that the accused was somewhere else and it was impossible for them to have committed the crime. The credibility of the witness severely improves or diminishes the defense depending on how long the witness has known the accused, the relationship between them and even the amount of witnesses testifying. For example, if a woman was arrested for robbing a convenience store at 8am, the defense can use her co-workers or boss to explain she was at work at her desk between 6am-12pm. To build credibility of the witness statement, the defense could also use evidence like the footage of security cameras in her work, swipe cards or even the her phone 's GPS tracker proven where she was located at exactly what time..
The Defense of Automatism can be used when someone has automatically, unconsciously and involuntarily committed a criminal act. This defense can be used to help show in court that the accused had no want, need, intent or plan before or during the preformed crime. The defense could also use medical records to determine there was nothing that would have shown that a random, involuntary criminal act would occur. For example, a healthy 30 year old triathlete would be found not guilty if she had a stroke, passed out while driving and crashes into a crowd at a coffee