Defensible Conditions Doctrine

The Defensible Conditions Doctrine contains guidelines relating to the legal defense of criminal acts which have been committed as a result of certain conditions which therein shall absolve the defendant of criminal liability. This code will not absolve crimes involving murder or homicide.

Self Defense and Similar Circumstances

Several conditions of defensible activity are outlined within the "Self Defense, Castle Doctrine, Bystander Protection, Good Samaritan, and Citizen's Arrest Doctrine"

Self Defense, Castle Doctrine, Bystander Protection, Good Samaritan, and Citizen's Arrest Doctrine

Duress by Threats

The condition of "Duress by Threats" shall be met if the defendant is BEYOND A REASONABLE DOUBT the victim of [4] 21 - Threats to Participate in a Criminal Organization OR [1] 8 - Criminal Threats (including threats against defendant's family / associates / friends) OR [5] 1 - Extortion AND therefore as a result of being a victim of at least one of these aforementioned crimes, the defendant reasonably believed that their best course of action would be to commit a criminal offence at the implicit or explicit request / demand of the perpetrator.

Specifically, a reasonable person or, in the event of trial, a jury MUST conclude YES to the following statements for this defense to be valid:

  • Was the defendant reasonable in believing that they were being threatened with death or serious injury against themselves or others if they did not cooperate?

  • Was the defendant reasonable in believing that they did NOT have a safe alternative choice or option to escape without bringing harm on to themselves or others

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