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Direct Action Everywhere’s Zoe Rosenberg actually created a more dangerous situation when she allegedly entered a Petaluma ...
Under a necessity defense, for example, property may be destroyed to prevent the spread of a fire or a speed limit may be violated in pursuing a suspected criminal.
Can you break the law to stop climate change … and get away with it? That’s exactly what five climate change activists wanted to argue at a recent criminal trial in Seattle, Washington.
Criminal law recognizes necessity as a justification or excuse against a criminal charge. In essence, the defendant argues that his actions were necessary to avoid a greater harm.
A mistake of law defense would restore the fundamental principle of “fair warning” to the criminal law, ... Bailey, 444 U.S. 394, 409–15 (1980) (duress or necessity); United States v ...
Emelia Bezant-Gahan analyses the developing case law around 'necessity to arrest' – which has a high evidential burden and is highly fact-sensitive Where a police officer arrests an individual without ...