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Competing Harms
Competing harms, also known as necessity defense, self-defense defense, or lesser harm, is a legal doctrine in certain U.S. states, particularly in New England. For example, the Maine Criminal Code holds that "Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute." New Hampshire has a similar statute. The competing harms defense was unsuccessfully raised in the trial of Carter Wentworth for his role in the Clamshell Alliance's 1977 occupation of the Seabrook Station Nuclear Power Plant. See also *Necessity (criminal law) In the criminal law of many nations, necessity may be either a possib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New England
New England is a region consisting of six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York (state), New York to the west and by the Canadian provinces of New Brunswick to the northeast and Quebec to the north. The Gulf of Maine and Atlantic Ocean are to the east and southeast, and Long Island Sound is to the southwest. Boston is New England's largest city and the capital of Massachusetts. Greater Boston, comprising the Boston–Worcester–Providence Combined Statistical Area, houses more than half of New England's population; this area includes Worcester, Massachusetts, the second-largest city in New England; Manchester, New Hampshire, the largest city in New Hampshire; and Providence, Rhode Island, the capital of and largest city in Rhode Island. In 1620, the Pilgrims (Plymouth Colony), Pilgrims established Plymouth Colony, the second successful settlement in Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maine
Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and territories of Canada, Canadian provinces of New Brunswick and Quebec to the northeast and northwest, and shares a maritime border with Nova Scotia. Maine is the largest U.S. state, state in New England by total area, nearly larger than the combined area of the remaining five states. Of the List of states and territories of the United States, 50 U.S. states, it is the List of U.S. states and territories by area, 12th-smallest by area, the List of U.S. states and territories by population, 9th-least populous, the List of U.S. states by population density, 13th-least densely populated, and the most rural. Maine's List of capitals in the United States, capital is Augusta, Maine, Augusta, and List of municipalities in Maine, its most populous c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Hampshire
New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the north. Of the List of states and territories of the United States, 50 U.S. states, New Hampshire is the List of U.S. states and territories by area, seventh-smallest by land area and the List of U.S. states and territories by population, tenth-least populous, with a population of 1,377,529 residents as of the 2020 United States census, 2020 census. Concord, New Hampshire, Concord is the List of capitals in the United States, state capital and Manchester, New Hampshire, Manchester is the List of municipalities in New Hampshire, most populous city. New Hampshire's List of U.S. state mottos, motto, "Live Free or Die", reflects its role in the American Revolutionary War; its state nickname, nickname, "The Granite State", refers to its ext ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clamshell Alliance
The Clamshell Alliance is an Anti-nuclear groups in the United States, anti-nuclear organization founded in 1976 to oppose the Seabrook Station nuclear power plant in the U.S. state of New Hampshire. The group was co-founded by Paul Gunter, Howie Hawkins, Howard Morland, Harvey Wasserman, Guy Chichester, Robert Cushing, Robert "Renny" Cushing, Jeff Brummer, Anna Gyorgy, Kristie Conrad, Kate Walker, Robin Read, and other activists in 1976. The Granite State Alliance, a social-change organization, had launched PEP, the People's Energy Project, several years earlier, in opposition to the proposed Seabrook nuclear power plant. The Clamshell Alliance's coalescence began in 1975 as New England activists and organizations began to respond to U.S. president Richard Nixon's "Project Independence", which sought to build 1,000 nuclear power plants by 2000. In 2007, veterans of the Clamshell Alliance marked the 30th anniversary of its founding with the creation of a website called "To the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seabrook Station Nuclear Power Plant
The Seabrook Nuclear Power Plant, more commonly known as Seabrook Station, is a nuclear power plant located in Seabrook, New Hampshire, United States, approximately north of Boston and south of Portsmouth. It has operated since 1990. With its 1,244-megawatt electrical output, Seabrook Unit 1 is the largest individual electrical generating unit on the New England power grid. It is the second largest nuclear plant in New England after the two-unit Millstone Nuclear Power Plant in Connecticut. Two reactors were planned at Seabrook but the first unit did not begin full operation until 1990, a full 14 years after the construction permit was granted, and the second unit was never built due to construction delays caused by protests, cost overruns, and troubles obtaining financing. The difficulties led to the bankruptcy of Seabrook's utility owner, PSNH. Since 2002, Seabrook Station has been owned and operated by NextEra Energy Resources. History Seabrook Station construction The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessity (criminal Law)
In the criminal law of many nations, necessity may be either a possible justification or an exculpation for breaking the law. Defendants seeking to rely on this defense argue that they should not be held liable for their actions as a crime because their conduct was ''necessary'' to prevent some greater harm and when that conduct is not excused under some other more specific provision of law such as self defense. As a matter of political expediency, states usually allow some classes of person to be excused from liability when they are engaged in socially useful functions but intentionally cause injury, loss or damage. For example, drunk drivers might contend that they drove their car to get away from being kidnapped (cf. '' North by Northwest''). Most common law and civil law jurisdictions recognize this defense, but only under limited circumstances. Generally, the defendant must affirmatively show (i.e., introduce some evidence) that (a) the harm they sought to avoid out ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Defenses
In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the ''intent'' element), known as defenses. The label may be apt in jurisdictions where the ''accused'' may be assigned some ''burden'' before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the ''prosecution'', which also must prove the ''absence'' of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. Types of defenses in a court of law Mental disorder (insanity) Insanity or ''mental disorder'' (Australia and Canada), may negate the ''intent'' of any crime, although it pertains only to those crimes having an ''intent'' element. A variety of rules have been advanced to define what, precisely, constitutes criminal ''insanity''. The most common definiti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the '' de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * '' Cogitationis poenam nemo patitur'' * ''Ex aequo et bono ''Ex aequo et bono'' (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with appli ...'' Reference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
