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Old 05-21-2008, 11:58 PM   #26
Boss
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Re: Court Support in Los Angeles!

I wouldn't count on nurses. They are in a one on one battle with thier employers, and food comes first. I am sure many would love to support us, but they can be in a tight situation.

Here is a very solid defense, in my opinion, from the Florida Supreme Court-
The pressure of natural physical forces sometimes confronts a person in an emergency with a choice of two evils: either he may violate the literal terms of the criminal law and thus produce a harmful result, or he may comply with those terms and thus produce a greater or equal or lesser amount of harm. For reasons of social policy, if the harm which will result from compliance with the law is greater than that which will result from violation of it, he is by virtue of the defense of necessity justified in violating it.

W.R. LaFave & A.W. Scott, Jr., 1 Substantive Criminal Law § 5.4, at 627 (1986) (hereinafter LaFave & Scott). Or, as stated by Justice Holmes, " 'Detached reflection cannot be expected in the presence of an uplifted knife.' " Arnolds & Garland, The Defense of Necessity in Criminal Law: The Right to Choose the Lesser Evil, 65 J.Crim.L. & Criminology 289, 290 (1974) (hereinafter Arnolds & Garland) (quoting Brown v. United States, 256 U.S. 335, 41 S.Ct. 501, 65 L.Ed. 961 (1921)).
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