enow.com Web Search

Search results

  1. Results from the WOW.Com Content Network
  2. Duress in American law - Wikipedia

    en.wikipedia.org/wiki/Duress_in_American_law

    A successful affirmative defense means not that a criminal act was justified, but that the act was not criminal at all. But if no affirmative defense of duress is available, then the duress may be considered as justifying a lighter sentence, typically in proportion to the degree of duress. If the duress is extreme enough, for example, the ...

  3. Duress in English law - Wikipedia

    en.wikipedia.org/wiki/Duress_in_English_law

    Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law .

  4. Necessity and duress - Wikipedia

    en.wikipedia.org/wiki/Necessity_and_duress

    Necessity and duress (compulsion) are different defenses in a criminal case. [1] [2] [3] The defense of duress applies when another person threatens imminent harm if defendant did not act to commit the crime. The defense of necessity applies when defendant is forced by natural circumstances to choose between two evils, and the criminal act is ...

  5. Criminal defenses - Wikipedia

    en.wikipedia.org/wiki/Criminal_defenses

    Duress can be a defense in many jurisdictions, although not for the most serious crimes of murder, [13] attempted murder, being an accessory to murder [14] and in many countries, treason. [15] The duress must involve the threat of imminent peril of death or serious injury, operating on the defendant's mind and overbearing his will. [16]

  6. Necessity in English criminal law - Wikipedia

    en.wikipedia.org/wiki/Necessity_in_English...

    This defendant robbed two building societies in order to repay debts. The form of defence was "duress by circumstance" which attempts to extend the coverage of duress by borrowing the idea of an uncontrollable external circumstance forcing a choice by the defendant to break the law.

  7. Affirmative defense - Wikipedia

    en.wikipedia.org/wiki/Affirmative_defense

    An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.

  8. Entrapment - Wikipedia

    en.wikipedia.org/wiki/Entrapment

    A valid entrapment defense has two related elements: [45] government inducement of the crime, and; the defendant's lack of predisposition to engage in the criminal conduct. The federal entrapment defense is based upon statutory construction, the federal courts' interpretation of the will of Congress in passing the criminal statutes.

  9. Justification and excuse - Wikipedia

    en.wikipedia.org/wiki/Justification_and_excuse

    A defense of justification is the product of society's determination that the actual existence of certain circumstances will operate to make proper and legal what otherwise would be criminal conduct. A defense of excuse, contrarily, does not make legal and proper conduct which ordinarily would result in criminal liability; instead, it openly ...