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Alot of that may simply be covered under the general Criminal Defense of Necessity. For example it is illegal to break into someone home, but if that home is o
by syshum 9y ago
Alot of that may simply be covered under the general Criminal Defense of Necessity.
For example it is illegal to break into someone home, but if that home is on fire and you break in to save a resident you have a Criminal Defense of Necessity for breaking in...
Like Wise if you are in an area with no communication and you "illegal" transmit a radio signal for the purpose of obtaining necessary assistance you would have a Criminal Defense of Necessity for breaking the FCC regulations
- dragonwriter 9y agoThere is some dispute as to whether the necessity defense is available in federal criminal law (the Supreme Court has dodged a general decision on the point, but always ruled against it specifically being available in the circumstances before the Court in particular cases).
- maxerickson 9y agoHow often do such charges not even get filed? (that is, where someone has violated the law with some mitigating circumstance) How would that aspect be addressed? Or cases where charges are filed as a formality and end quickly? There seems a strong possibility that the Supreme Court only hears a small number of odious claims of the defense.
- dragonwriter 9y ago> How often do such charges not even get filed? Probably a lot, but the availability of prosecutorial discretion is a very different thing than the availability of a legal defense. While the defense is enshrined in statute in many states or firmly established in state case law, that's not true in the federal system, where it may exist based on inherited common law, but is neither established in federal statute nor firmly attested in the case law.
- dannyw 9y agoYou would also not be prosecuted by the FCC if you are stranded and transmit to get help, I bet.