I was watching the film The Negotiator last night and got to wondering about something in the film. In case you don't know, Spoiler the film is about a police officer who has been framed for murder and embezzlement by his colleagues but is actually innocent however he ends up taking hostages and a standoff ensues where he assaults police officers as well. Anyway, it got me to thinking, what are the legal ramifications for somebody who breaks the law to prove their innocence if it is found they are innocent of the previous crime they were accused of?
Are you asking if there are exceptions to the law? The answer is no. Just as if you break out of prison to prove your innocence, you still will be prosecuted for breaking out of prison if you are innocent. Life ain't like the movies. It doesn't always end well.
I don't do any criminal law..so I can't speak from experience. But prosecutorial discretion is a factor. You can break a law, but a prosecutor may decide, for one reason or another, not to prosecute you for it.
I realize it's not like the movies just curious. Could they choose not to prosecute? Are there any real world examples.
Law is law. There are always exceptions because law is made, judged and executed by human. All laws are tools. real world examples: Stained witness self-defense being maniac or young and, national security too big to fail our freedom in the middle east
Generally you are asking what defenses there are to criminal charges... As already mentioned you cannot break the law in order to prove you are innocent of another crime. That is not a defense. Necessity--the criminal act was required to avert some greater evil (essentially utilitarian justification) Duress (someone coerced you to do it) Self-Defense Automatism (sleep walking, hypnotized, etc) Insanity Restraint (some natural force usually prevents you from doing something such as stopping to render aid) Mistake (ignorance of a fact rather than ignorance of the law, which is not an excuse) Double Jeopardy Legitimate Purpose (for some statutes you must have a specific intent) Under the Influence (only a partial defense) Entrapment
