God forbade...must reading!

False Representation
 
  
    There must be a description or portrayal of something false. If a person mistakenly believes something to be untrue, exempts false representation. If representation was false when made, but is true when title passes, there is no crime. For example, if you tell a seller you have money in the bank to pay, when, in fact, you're bordering 'red', are not false pretenses, if, at the time of the transaction there were funds. The misrepresentation has to be affirmative.



    If something interferes with the capacity to choose to break the law, this should be reflected by an excuse or exemption from the law. The law should balance the need to be fair to the wrongdoer, but protect society from one with less than all their wits.


   
   Generally, the provocation defense is controversial because it seems defendants get more lenient treatment because they were provoked. Judging whether someone should be held responsible depends on their assessment of blameworthiness. This is usually tested with reference to a 'reasonable' person, would he have done the same. If it were found acceptable to respond verbally, if provocation persists, then, walk away, the threshold is set for the defense.




   Early English common law recognized 'settled insanity' as defense for an habitual drunk, though, not intoxicated at the time of the crime. Most US jurisdictions recognize long term substance abuse can cause settled insanity, especially if a preexisting mental condition is exacerbated.



   Misprision of felony is a failure to report a felony to appropriate authorities. For example, corrections officers can be prosecuted if they stand idly while drug trafficking happens.



  Parents who lack financial means to feed their children can not use the defense of necessity if they steal food. Further, some states apply a test of proportionality. The necessity defense allowed only where the degree of harm, actually caused, was a reasonable proportionate response to the degree of harm threatened. This is a legal form of cost-benefit analysis.



   Immunity from prosecution is usually granted to a witness in exchange for testimony. This immunity is, either, transactional, blanket or total, or use and derivative. Here, prosecution can go beyond the witness' testimony and charge with independent evidence.



  To serve the purpose of a defense in law, the disorder must amount to absolute alienation of reason, a disease in denial of what's good, right and best- can't tell friend from foe and gives him up to the impulse of his own distempered fancy.



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