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Does Maryland Recognize the Necessity Defense in Political Protest Cases? Should it?

Description

The necessity defense is a lesser of harms defense, and states essentially that your actions are not criminal if you acted in such a way as to prevent a greater harm from occurring, specifically if a person is in immediate danger of death or serious bodily injury, and the person has no reasonable legal alternative to committing the criminal conduct, the Judge must find the defendant not guilty if the jury has a reasonable doubt as to whether the defendant committed the crime charged out of necessity.  Non-violent climate change protesters who blockade roadways in Maryland, have attempted to raise the defense of necessity for their actions. Have the Courts accepted their defense? Should the Courts accept this defense?

Presented by Mark Goldstone, Esq., Law Office of Mark Goldstone

This presentation is FREE for MSBA Members as part of the Virtual Learning Pass membership benefit! 

.5 hours of CLE credit will be offered to the surrounding MCLE states of Pennsylvania, Virginia and Delaware.

Course Level
TBD
Professional Area of Focus
General Practice
Litigation Law
CLE Field of Study
Continuing Education Legal Credit
.5
Instructor(s)
Mark Goldstone
Event Information
When
Available 24/7
Location
Online
Total CLE Credits
.5
Format
On-Demand

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Does Maryland Recognize the Necessity Defense in Political Protest Cases? Should it?