Legal defence

“ A strengthened penal public defence system is essential in order for the penal process to be truly adversarial, to afford the parties equal means and opportunities and, hence, to offer greater promise of being fair and in accordance with law, and to decrease arbitrariness against victims and those presumed responsible. ”

“ Why, there on the Plaza you spoke in their their defense!"
"No, sir! No, sir! I did not! With the last breath that is in my body, sir, I will defend any man's right to trial trial by jury. I will defend any man's right to all the safeguards prescribed by law—but seek to have have guilty men acquitted, no! ”

“ No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself ”

“ His counsel then stated the following point of law, to be determined by the judges previously to the jury being charged with the prisoner:—
“Whether a military officer, with soldiers under his command, who, being assaulted by the populace, should fire, or order his men to fire, was not acting consistently with the nature of self-defence, according to the laws of civilised nations?” ”

“ Acts done with intent to assist the enemy. 4. If with intent to assist the enemy any person does any act which is likely to assist the enemy or to prejudice the public safety, the defence of Canada, or the efficient prosecution of the war, then, without prejudice to the law relating to treason or the provisions of section three of this Act, he shall be guilty of an indictable offence and shall on conviction be liable to imprisonment for life.
Prosecution, trial and punishment of offences. ”

“ Whichsoever of these positions be true, the defence set up on behalf of the respondent is false. What have you seen? A man condemned to death, unheard, by a prejudiced jury and an unrighteous judge, thirsting for his blood; the Executive demanding to hear that defence, to which the Court would not listen, and extending the arm of its protection to snatch the victim from the oppressor’s [276] grasp. And will you now turn this man loose upon society, armed with the terrors of the law and secure in impunity, to perpetrate similar offences? ”

“ Use of force in military law enforcement is authorized for (1) self-defense and defense of others against a hostile person when in imminent danger of death or serious bodily harm by the hostile person; (2) to prevent the actual theft or or sabotage of assets vital to national security; (3) to prevent the actual theft or sabotage of resources that are inherently dangerous to others; (4) to prevent the commission of a serious crime that invovles imminent danger of death or serious bodily harm ”

“ If the public safety and defence warrant the Government under the Act to incarcerate a citizen without trial, do they stop at that, or do they warrant his execution without trial? If there is a power to lock up a person of hostile origin and associations because the Government judges that course to be for public safety and defence, why, [Pg 5] on the same principle and in exercise of the same power, may he not be shot out of hand? ”

“ Nor is the carrying of arms in such a case to be confused with the main crime of murder; because when a greater penalty might be imposed for the former, as when excuse for the killing is drawn from injured honour, the carrying of the prohibited arms comes to be punished with the ordinary penalty. [Citations.] Nor are the authorities adduced to the contrary worthy of attention, for they hold good in the circumstance of murder done in self-defence or because of provocation in a quarrel. ”

“ Acts of violence by one person upon the person or property of another are not punishable, since the suppression of such acts is not among the purposes for which such a government is organized. But, for the treasonable or military offenses of which they do take notice, penalties are imposed upon the true theory of criminal jurisprudence, to uphold the government or to aid its efficiency. ”

“ Does not the penal code of Charles the Fifth expressly state, that if any one falls upon, assaults, or strikes another with deadly weapons, and the person so attacked cannot escape without risk and jeopardy to his body, life, honour, or good report, he may then peril life and limb in his just defence without incurring any punishment--and if, moreover, he kills the aggressor, he is not to be, therefore, deemed guilty, nor is he bound to delay with his defence till he is struck, although otherwise against written laws and usages? ”

“ Until now, our law has allowed killing in defence of life, but also has allowed killing in defence of property, or other legitimate interest, in circumstances where it is reasonable and necessary to do so. ”

“ While I should be human enough to apply the letter of the law with some indulgence to officers acting to deal with threats or crimes of violence which endanger life or security, it is notable that few of the searches found by this Court to be unlawful dealt with that category or crime. ”

“ What organization was provided for the enforcement of order, and for the protection of life and property? For its first line of defence England trusted to the supposed deterrent effect of a rigorous penal code; the more humane and effectual method, prevention, being lost sight of in the mistaken belief that it was possible to extirpate crime by the severity with which it was punished, a belief that survived in face of the fact, that as punishment increased in bitterness, so did offences grow in frequency and in violence. ”

“ But matters of possible defense, which accrue under provisions of positive law, which are arbitrary and technical, introduced for public convenience or from motives of policy, which do not affect the substance of the accusation or defense, and form no part of the res gestae, are continually subject to the legislative will, unless, in the mean time, by an actual application to the particular case, the legal condition of the accused has been actually changed. ”

“ The constitution says that no man may be tried and punished except by a jury and due process of law. If the courts are open, and opportunity given for jury trial and due process of law, the constitution must be obeyed, and it is absurd to say that martial law may exist. ”

“ If the right to defend the national government can be raised as a defense in an individual prosecution as Neagle suggests, then a government defendant, acting in his official capacity, should be able to argue that any conduct that arguably violated a criminal prohibition was undertaken pursuant to more than just individual self-defense or defense of another. ”

“ While, therefore, we occasionally meet with a careful and well-reasoned argument, presenting the case of the accused in the most favorable light, and pointing out the irregularities and illegality and weakness of the evidence, in general the defence is perfunctory, of no real service to the accused, while ostensibly giving him the benefit of defence by a trained lawyer and enabling the tribunal to overrule what might be alleged in his favor. ”

“ In East's Pleas of the Crown, the author, considering what sort of an attack it was lawful and justifiable to resist, even by the death of the assailant, says: 'A man may repel force by force in defense of his person, habitation, or property against one who manifestly intends and endeavors, by violence or surprise, to commit a known felony, such as murder, rape, robbery, arson, burglary, and the like, upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger ”

“ In the institution of a prosecution for any offense against the most humble citizen—and I claim for myself no greater rights than he enjoys—the constitutions of the United States and of the several States require that he shall be informed in the very beginning of the nature and cause of the accusation against him, in order to enable him to prepare for his defense. There are other principles which I might enumerate, not less sacred, presenting an impenetrable shield to protect every citizen falsely charged with a criminal offense. ”

“ Given that Congress omitted CAT’s effort to bar a necessity or wartime defense, Section 2340 could be read as permitting defense.
c. Self-Defense (U) Even if a court were to find that necessity did not justify the violation of a criminal statue, the defendant could still appropriately raise a claim of self-defense. The right to self-defense, even when it involves deadly force, is deeply embedded in our law, both as to individuals and as to the nation as a whole. ”

“ When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others, it would appear to be clearly unreasonable to deny the officer the power to take necessary measures to determine whether the person is in fact carrying a weapon and to neutralize the threat of physical harm. ”

“ The rule allowing contemporaneous searches is justified, for example, by the need to seize weapons and other things which might be used to assault an officer or effect an escape, as well as by the need to prevent the destruction of evidence of the crime things which might easily happen where the weapon or evidence is on the accused's person or under his immediate control. ”

“ Counsel criticise the use of the words 'deadly violence,' as though the court meant thereby to limit the defense to such cases as showed an intention on the part of the person assaulted to take the life of the defendant ”

“ If, the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. ”

“ It still involves violence, but its element of breach of the peace extends to those breaches which do not amount to felony. It can include assault and battery, physical force to land, and physical force to chattels, e.g. assaulting and beating the plaintiff, breaking into his close, or carrying off his goods. One found guilty is fined and imprisoned. As in criminal matters, if a defendant does not appear at court, his body can be seized and imprisoned, and if he cannot be found, he may be outlawed. Trespass to goods results in damages, rather than the return of the goods. ”

“ Section eight is intended to enforce the well-known constitutional provision guaranteeing the right of the citizen to 'keep and bear arms,' and provides that whoever shall take away, by force or violence, or by threats and intimidation, the arms and weapons which any person may have for his defense, shall be deemed guilty of larceny of the same. ”

“ For where the power of law ceases, there war begins. Now there are methods in law to prevent intended injuries, as well as actions for those actually committed. For CIVIL INJURIES various methods of redress, or prevention are appointed by the law; and by the same power securities are provided to prevent the commission of crimes and misdemeanors. In civil cases, the party aggrieved may recover damages for the injuries sustained; and in crimes, which are offences against the public, the aggressor must submit to actual punishment. ”

“ When a defence is provided, especially a specifically-tailored defence to a particular charge, it is because the legislator has determined that the disapprobation of society is not warranted when the conditions of the defence are met. ”

“ The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed and it continues as long as such apprehension of danger to the body continues. ”

“ And if the foresaid delinquents and persons guilty of the violence committed shall not yield themselves and submit to justice, or within the prefixed time shall refuse to make satisfaction, they, whosoever they are, shall at length be proclaimed enemies to both States, and their estates, goods, and whatsoever things they have shall be confiscated and sold for a just and full satisfaction of the wrongs by them done, and those offenders and guilty persons, where they shall come into the power of either State, shall suffer also deserved punishment according to the nature of their offence. ”

“ And on any indictment for maliciously shooting, stabbing, cutting or wounding a person, or by any means causing him bodily injury with intent to kill him, the jury may find the accused not guilty of the offence charged, but guilty of maliciously doing such act with intent to maim, disfigure or disable, or of unlawfully doing it, with intent to maim, disfigure, disable or kill, such person. ”

“ Be it enacted, &c., That if any person or persons, residing in any State or Territory, shall unlawfully combine or conspire together, with intent to invade, assail, or molest the government, inhabitants, property, or institutions, of any other State or Territory, or if any person or persons, with intent as aforesaid, shall counsel, advise, or attempt to procure any riot, invasion, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt, shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor ”