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What fundamental claim is raised by the defense of necessity? When are claims of necessity most successful?

Apr 17th, 2015
Re homicide. Only when the evidence clearly shows accused truly had no choice - that lethal harm was immiment - no other way to repel the attack - kill or be killed. Most successful but not always with battered wife syndrome. Failed utterly in the Candian case of Robert Latimer, who killed his daughter with disabilities when the medical establishment best treatment plan involved a series of painful surgeries and literally breaking and re-breaking the bones of her limbs. As we know, MDs fail dismally at treating pain; they are much worse  with women and children interestingly. Nevertheless, the court did not excuse his murder on the basis of necessity, which strangely his lawyer put forward. A mistake, said critics. If he had pleaded guilty to manslaughter he would have walked. Please best my answer
Apr 17th, 2015

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Apr 17th, 2015
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Apr 17th, 2015
Jun 29th, 2017
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