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發表於 2024-12-29 14:23:28 | 顯示全部樓層 |閱讀模式


It must be shown that there was no reasonable alternative to committing the crime. Duress, on the other hand, involves being forced or threatened to commit a crime. In this case, an individual may argue that they had no choice but to act unlawfully due to fear for their safety or well-being. In order to successfully utilize this defense, it must be proven that there was a real and immediate threat that there was no choice but to engage in the criminal behavior. Understanding these key elements of necessity and duress can have a significant impact on criminal cases because they provide ways for defendants to defend their actions in specific circumstances.


By carefully examining these defenses, legal professionals can determine consumer data whether their actions were truly reasonable based on the circumstances the individual faced. Understand the subtle difference between the two concepts necessity Necessity in legal terms refers to a situation where an individual commits a crime in order to prevent greater harm. This defence applies when the damage prevented exceeds the damage caused by the criminal conduct. It is critical to demonstrate that there was no reasonable alternative and that the action was taken in an emergency. Coercion Unlike necessity, duress involves the commission of a crime as a result of threats or coercion from another person.


The individual must reasonably believe that they will be in imminent danger if they do not commit the unlawful act. The key difference between necessity and coercion is whether the threat comes from the circumstances (necessity) or from another person (coercion). Necessity and coercion in modern legal practice The importance of necessity Necessity is a legal concept that allows an individual to break the law in certain circumstances to prevent more serious harm. In modern legal practice, necessity is often invoked as a defense when an individual has no choice but to commit a crime. This defense recognizes that sometimes breaking the law may be justified if it serves the greater good or prevents imminent danger.

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