Monday, September 23, 2019
Criminal Law Essay Example | Topics and Well Written Essays - 250 words - 1
Criminal Law - Essay Example On this basis, his actions were for the public good. The main rationale for the use of necessity in defense is based on the fact that at certain times, a technical breach of a countryââ¬â¢s laws might be advantageous to the community (White, 2012). This is as opposed to the strict adherence of the law under consideration. On this basis, a successful claim of necessity must give a prove that the act of the accused was for purposes of avoiding a significant harm, there did not exist an adequate lawful method of escaping the harm under consideration, and the harm that the accused avoided was bigger when compared to the harm caused, through breakage of the law (White, 2012). Claims of necessity are always successful when it involves trespassing in a property for purposes of saving an individualââ¬â¢s life. A good example is the case involving Wegner vs. Milwaukee Mutual Ins Company. Under this case, the courts ruled that it was the responsibility of the government of Minnesota to compensate a land owner, when officers of the government took over his land, for public usage (White,
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