ese defenses, legal professionals can determine whether their actions were truly reasonable based on the circumstances the individual faced.
Understand the subtle difference between the two concepts
necessity
Necessity in legal terms refers to a situation where an individual commits a crime in order to prevent greater harm.
This defence applies when the damage prevented exceeds the filipino phone number damage caused by the criminal conduct.
It is critical to demonstrate that there was no reasonable alternative and that the action was taken in an emergency.
Coercion
Unlike necessity, duress involves the commission of a crime as a result of threats or coercion from another person.
The individual must reasonably believe that they will be in imminent danger if they do not commit the unlawful act.
The key difference between necessity and coercion is whether the threat comes from the circumstances (necessity) or from another person (coercion).
Necessity and coercion in modern legal practice
The importance of necessity
Necessity is a legal concept that allows an individual to break the law in certain circumstances to prevent more serious harm. In modern legal practice, necessity is often invoked as a defense when an individual has no choice but to commit a crime. This defense recognizes that sometimes breaking the law may be justified if it serves the greater good or prevents imminent danger.
Understanding Duress in Legal Proceedings
Understand the subtle difference between the two concepts
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