PHL 612 Lecture Notes - Self-Defense

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12 Dec 2022
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(iv) discuss conceptual differences between necessity, duress and self-defence. Necessity: necessity brings out the compassion for human weakness and therefore in certain situations of emergency, a person is not held with strict obedience to the law. This means that under certain circumstances, a person that can be legally held accountable for their actions may be exempt as they have sound reasoning for their offence. Those who could not avoid breaking the law because of a constraint on alternatives created by natural conditions . Example: a starving woman who stole bread to feed herself and her starving child were acquitted. Duress: a person who commits a crime which is undertaken that are morally involuntary, and typically takes place while threatened by unlawful force. In such circumstances, the victim must prove that there was indeed a real threat present, and couldn"t prevent, or stop the immediate threat at hand.

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