What case of commonwealth v. kendall presents


Question: The case of Commonwealth v. Kendall presents an interesting account of the necessity defense. In this weeks assignment we are going to use the facts of this case to further explore what would constitute a reasonable duration for a defense of necessity. Begin this exercise by reviewing the textbook's coverage surrounding the defense of necessity as well as the case of Commonwealth v. Kendall. Then begin your writing responds to the following questions: Is it realistic for the law to require individuals acting in an emergency situation who rely on the defense of necessity to act in a reasonable fashion and seek assistance once the emergency abates? As it relates to the facts in Kendall, do you think the jury should have had the opportunity to consider the defense of necessity as three of the judges argued in their dissent? Be sure to include your rationale for coming to your conclusion.

 

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