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I hated crimlaw and I dropped out of law school. But isn't there an affirmative defense for emergency/neccessity? I think there was in NY but I have no recollec
by dfc 14y ago
I hated crimlaw and I dropped out of law school. But isn't there an affirmative defense for emergency/neccessity? I think there was in NY but I have no recollection for federal criminal proceedings. Can anyone that passed the bar comment?
- david_shaw 14y ago> isn't there an affirmative defense for emergency/neccessity? I can't imagine that any jury, no matter how conservative or FUD-driven they may be would ever convict this guy. Put him in a court room, have any half decent lawyer explain the situation, and the prosecutor would say... that he should have just drowned? There's definitely no real case here--I would imagine that the charges are standing only because the "security" team is dumbfounded by its own failure.
- dfc 14y agoAre you a lawyer? Respectfully, my question was not really about the emotional response of the jury. I'm curious if there is an affirmative defense for neccessity/duress/emergency/whatever in federal criminal court.
- david_shaw 14y agoI'm not a lawyer, and no disrespect was inferred :) I did, however, take several criminal justice courses. Although I have no particular familiarity with New York law, the affirmative defense of "necessity" does indeed appear to be supported in that state (according to a brief Google search). My original response was not meant to derail the conversation, only to point out that I highly doubt any prosecutor would let the case get anywhere near a court room in the first place.
- dfc 14y agoI agree NY has the affirmative defense. I am curious about federal court.