NecessityDuress of Circumstances or Moral Involuntariness?
Standard
Necessity : Duress of Circumstances or Moral Involuntariness? / Williams, Glenys Neale.
In: Common Law World Review, Vol. 43, No. 1, 03.2014, p. 1-28.Research output: Contribution to journal › Article › peer-review
Harvard
APA
Vancouver
Author
Bibtex - Download
}
RIS (suitable for import to EndNote) - Download
TY - JOUR
T1 - Necessity
T2 - Duress of Circumstances or Moral Involuntariness?
AU - Williams, Glenys Neale
PY - 2014/3
Y1 - 2014/3
N2 - While the Canadian Supreme Court has accepted necessity as an excuse on the basis of moral involuntariness, English and Welsh courts have adopted a different route by incorporating excusatory necessity into duress of circumstances. The objective element of this defence prevents the defendant's characteristics from being taken into account, and assumes a level of courage. In a defence where the fear emotion is the prevalent feature, this paper questions whether judges in England and Wales have taken the wrong path by implementing a necessity defence as a form of duress
AB - While the Canadian Supreme Court has accepted necessity as an excuse on the basis of moral involuntariness, English and Welsh courts have adopted a different route by incorporating excusatory necessity into duress of circumstances. The objective element of this defence prevents the defendant's characteristics from being taken into account, and assumes a level of courage. In a defence where the fear emotion is the prevalent feature, this paper questions whether judges in England and Wales have taken the wrong path by implementing a necessity defence as a form of duress
KW - necessity
KW - excuse
KW - justification
KW - character
KW - choice theory
KW - capacity theory
KW - fear emotion
KW - courage
UR - http://hdl.handle.net/2160/30472
U2 - 10.1350/clwr.2014.43.1.0262
DO - 10.1350/clwr.2014.43.1.0262
M3 - Article
VL - 43
SP - 1
EP - 28
JO - Common Law World Review
JF - Common Law World Review
SN - 1473-7795
IS - 1
ER -