Defences Watch

choco_monsterxo
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Hello

Can someone please give me some guidance or points on how to tackle this question?

‘The differences between the defences of self defence, duress and necessity are unclear, and the law in this area is in urgent need of reform’.
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AndrewMarkSP
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(Original post by choco_monsterxo)
Hello

Can someone please give me some guidance or points on how to tackle this question?

‘The differences between the defences of self defence, duress and necessity are unclear, and the law in this area is in urgent need of reform’.
What's this for?
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choco_monsterxo
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(Original post by AndrewMarkSP)
What's this for?
Law lol why
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AndrewMarkSP
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(Original post by choco_monsterxo)
Law lol why
Well I gathered that, but what level is it?
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choco_monsterxo
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(Original post by AndrewMarkSP)
Well I gathered that, but what level is it?
Oh LOOOOL undergraduate
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Notoriety
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(Original post by choco_monsterxo)
Oh LOOOOL undergraduate
What on earth are you doing? It is a reasonable question; people do law at level 2 and 3.
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choco_monsterxo
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(Original post by Notoriety)
What on earth are you doing? It is a reasonable question; people do law at level 2 and 3.
Idek anymore😭😭😭😭
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Notoriety
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(Original post by choco_monsterxo)
Idek anymore😭😭😭😭
Fair enough.

Just be nicer to Andrew, as he's trying to help you!
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choco_monsterxo
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(Original post by Notoriety)
Fair enough.

Just be nicer to Andrew, as he's trying to help you!
I was being genuine 😂😂
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AndrewMarkSP
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(Original post by choco_monsterxo)
I was being genuine 😂😂
Do you have no opinion on whether the defences for duress and defence of another need to be reformed? Have you been assigned no reading or had no lectures?

There is a section in the Murder, Manslaughter and Infanticide report by the law commission (2006) which could be a starting point. The law commission seem to change their opinions towards necessity and duress every couple of years, so there's loads you can look into.
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choco_monsterxo
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We’ve not had any lectures on this and theres just a very brief power point on it. So far this topic has not been covered.
Thank you very much for your help, will deffo look into it. is it possible for you to please elaborate on what the question means by ‘defences for duress’
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AndrewMarkSP
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(Original post by choco_monsterxo)
We’ve not had any lectures on this and theres just a very brief power point on it. So far this topic has not been covered.
Thank you very much for your help, will deffo look into it. is it possible for you to please elaborate on what the question means by ‘defences for duress’
It's a defence to all criminal offences bar murder. The defendant was forced, by threat of death or serious injury, to commit a criminal offence. There are questions over whether it should be used for murder- would someone who killed with a gun to their head be guilty of murder?- although ultimately is felt that in such a circumstance, what right would the defendant have to decide their right to life is greater than that of the person they were 'forced' to kill?
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choco_monsterxo
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(Original post by AndrewMarkSP)
It's a defence to all criminal offences bar murder. The defendant was forced, by threat of death or serious injury, to commit a criminal offence. There are questions over whether it should be used for murder- would someone who killed with a gun to their head be guilty of murder?- although ultimately is felt that in such a circumstance, what right would the defendant have to decide their right to life is greater than that of the person they were 'forced' to kill?
oh okay thank you soo much you’ve made it much easier, thank you!
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AndrewMarkSP
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(Original post by choco_monsterxo)
oh okay thank you soo much you’ve made it much easier, thank you!
No problem! It's a really interesting topic, there's a lot of different approaches you could take to answering the question.
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