PPT-Defences Necessity defences of duress and duress of circumstances

Duress This defence exists where the defendant is put under considerable pressure to commit a crime or face death or serious injury to himself or another for whom he feels responsible the defendant is faced with a terrible dilemma. "I’m . Gonna. Make Him an Offer He Can’t Refuse”. Typical Community College Employment Scenario . Employees employed on annual or multi-year contracts . Employee non-renewed at the end of the contract period – some level of procedural due process . Multiple . Administrators. Emil Stefanov. UC Berkeley. emil@cs.berkeley.edu. Mikhail Atallah. Purdue University. mja@cs.purdue.edu. Remedies for Authentication Attacks. Guessing passwords. Require strong passwords.. Module . 9. . – Defamation. Objectives. At . the end of this. module you should . be able to. :. Understand the elements of defamation;. Assess the extent to which defamation law protects privacy;. to Charges. I didn’t do it!. What is a Defense . A defense is a lawful excuse, explanation or circumstance that can be used by an accused person to argue that he or she is not guilty of an offence.. March 17, 2016. . July 28, 1965 - During a noontime press conference, President Johnson announces he will send 44 combat battalions to Vietnam increasing the U.S. military presence to 125,000 men. Monthly draft calls are doubled to 35,000. "I have asked the commanding general, General Westmoreland, what more he needs to meet this mounting aggression. He has told me. And we will meet his needs. We cannot be defeated by force of arms. We will stand in Vietnam." . Excuses and Justifications. Necessity and Duress. ...did not have a genuine choice at the time they committed it...entrenched concept of classical criminology- we choose to act anti-social (now whether thats due to internal factors or external factors is where criminology comes in). Self defence. This defence not only covers actions needed to defend oneself from an attack, but also actions taken to defend another.. The defences of self-defence and defence of another are common law defences, in addition there is also a statutory defence. . Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead, he missed and shot and killed the Prime Minister’s secretary, Edward Drummond.. Intoxication. Person has chosen to take alcohol, . drugs or other substances e.g. glue-sniffing. . General rule - if a person is voluntarily intoxicated and commits a crime there is no defence. . . Intoxication is relevant as to whether or not the defendant has the required mens rea for the offence. . Automatism. Automatism. For automatism to work as a defence, the actions of the defendant must be completely . involuntary.. Bratty -v- Attorney General for Northern Ireland (1963). “an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking”.. BY TH END OF THIS LESSON . “I WILL BE ABLE TO IDENTIFY LEGALLY ACCEPTED DEFENCES IN THE CRIMINAL CODE”. Criminal Defences. A right to a criminal defense is one of our fundamental rights. The Criminal Code defines some defenses available . Ch. 3.D.. Duress. 1. Duress: what threats are “improper”?. The Defense of Duress. Threats of Physical Harm or Imprisonment. Threats of Contract Breach. Enforceability of Contract Modifications. Coercion and Reasonable Alternatives. Critically evaluate any two general defences (insanity, automatism, intoxication, consent, self-defence/prevention of crime). Suggest what reforms may be desirable to one of the defences that you have evaluated. (25 marks). Consent. Consent. Consent is often used as a defence to non-fatal offences against the person.. It . can never be a defence to murder or serious . injury.. Donovan . (1934. ) The defendant caned a 17 year old girl for sexual gratification purposes, the caning caused bruising. H e was convicted of indecent assault and common assault, on appeal his conviction was quashed as the victim had consented to the act. .