The Defense Of Necessity Is A Defense Essay examples

1608 Words Oct 31st, 2016 7 Pages
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. For example, if a group of guys are on a winter camping/hunting trip in the middle of nowhere. One heavily drunk guy decides to start shooting towards the other men. Immediately, the other men all get into a truck and speed away from danger to civilization. Shortly after, the driver is pulled over and arrested for operating a vehicle under the influence of alcohol. Since the driver feared for the himself and the other men, had no other legal choice and the act committed was proportionate to the crime that could have been put upon them, the necessity defense could hold up in court.
The Defense of Mental Disorder in Canada is officially stated as not criminally responsible on account of mental disorder (NCRMD). The defense is when someone doesn 't understand or know what they have criminality committed and that the crime was morally, ethically and legally wrong to preform. This is a verdict that can be stated during or…

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