Introduction to Law Deneme Sınavı Sorusu #731202
In which example can the perpetrator not claim "necessity"?
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The harm caused was disproportionate to the harm avoided. |
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There was no adequate alternative of the act. |
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The act was done in order to prevent damage. |
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The accused entertains objectively reasonable good faith belief. |
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The accused did not contribute to the creation of an emergency. |
To prevail on a claim of necessity, the perpetrator must show the following;
• The act charged as criminal must have been done to prevent a significant damage.
• There must have been no adequate alternative to the commission of the act.
• The harm caused by the act must not be disproportionate to the harm avoided.
• The accused must entertain a good faith belief that this act was necessary to prevent greater harm.
• Such belief must be objectively reasonable under all the circumstances.
• The accused must not have substantially contributed to the creation of the emergency.
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