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Legal Defenses and Privileges Explained

   

Added on  2019-09-16

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1. New York Penal Code In order to prove a case of burglary, Section 140 of the New York Penal code, prescribes two elements, namely: a) unlawful entry or trespass and (b) specific intent to commit crime.1 In the present case while there has been a case of trespass; there was lack of intent to commit a crime. The circumstantial evidence such as absence of any weapons carried, harsh weather further corroborates the intent of the defendant. In his defense, the client can rely on People v Gaines, 74 N.Y. 2d 358 (1989), where the court held that “intent to commit a crime is required”. Since there was no mens rea or possession of any harmful weapons will serve as a good defense by itself. Secondly, he knew very well that thehouse was vacant as it was listed for sale and hence there was no one dwelling within the premises. 2. Universal Military Training and Service Act The rights regarding Conscientious objections are provided both under Article 18 of the Universal Declaration on Human rights2 as well as under S 6(j) of the Universal Military Training and Service Act. The rule exempts a person from combatant service in the armed forceswho are conscientiously opposed to participation in the war by the reason of their “religious beliefs and training”. In the case of United States v. Seeger, 380 U.S. 163 (1965) the court , it hasbeen held that where the objection was made in good faith and his conscientious objection is based upon individual training and belief, such exemption may be granted 3. Hence, the client in this case can take immunity under the above mentioned 6(j) provision of the Act, which gives exemption to religious objectors, not essentially with political, sociological or philosophical views. 3.Parental Privilege under LawCorporal punishment has largely been accepted as parental privilege and has been expressly incorporated in the New York statute under New York Penal Code` 35.10(1) (2000). However, excessive punishment on their children may lead to prosecution for crimes such as assault, child abuse etc. Hence, primarily, there is a need to address the fact that spanking is “reasonable and appropriate physical force”4, without there being any substantial harm caused to the person. In case the father is charged for the said action of spanking, he should assert a defense of parental 1(Snape, 110, 2015)2 (Jennifer Carr,L.J. 183 (2014).3United States v. Seeger380 U.S. 163(Uni.Sta.Ct.App. 19654 Johnson, U. III.L.Rev
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