Example of Justification and Excuse
| Defense Type | Characteristics |
| Common-law | Created by a court |
| Statutory | Created by a state or federal legislatur ... |
| Denial or failure of proof | Creates doubt in one or more elements of ... |
| Affirmative | Raises an issue separate from the elemen ... |
What is a defense based on excuse?
A defense based on excuse focuses on the defendant. An excuse defense claims that even though the defendant committed the criminal act with criminal intent, the defendant should not be responsible for his or her behavior. Example of Justification and Excuse
What is justification and excuse in criminal law?
Definition of Justification and Excuse. With the exception of alibi, most affirmative defenses are based on either justification or excuse. Typically, justification and excuse defenses admit that the defendant committed the criminal act with the requisite intent, but insist that the conduct should not be criminal.
What is the difference between an affirmative and an excuse defense?
An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. An affirmative defense is based on excuse when it claims that the criminal defendant should be excused for his or her conduct.
What defenses can a defendant use in a criminal case?
Another defense that a defendant may use is that they had an excuse for committing the alleged criminal act. However, this is not as strong of a defense as one based on a justification because they do not negate a defendant’s wrongful act.
What is an excuse defense in criminal law?
A type of defense that exempts the defendant from liability because of some circumstance, but does not actually condone the result that flowed (at least in part) from the defendant's actions.
What does an excuse defense argue?
An excuse defense claims that even though the defendant committed the criminal act with criminal intent, the defendant should not be responsible for his or her behavior.
What is excusable defense?
Defense of a person's home or property. California law says that it is a justifiable homicide if: a person kills someone, and. does so while defending his/her home or property.
Which of the following is an example of justification defense?
The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.
Can a 14 year old go to jail in Ontario?
In Canada, young people can be held responsible for a crime as of age 12. So, police can arrest a teenager if they think that the teen committed a crime (for example, theft, assault, drug possession or trafficking).
Is self-defense an excuse defense?
Although self-defense first appeared in law as an excuse, in the 20th century it has been classified as a justification. Justified conduct is otherwise criminal conduct that under specifiable circumstances does not harm society.
What is the difference between an excuse defense and a justification defense?
Definition of Justification and Excuse A defense based on justification focuses on the offense. A justification defense claims that the defendant's conduct should be legal rather than criminal because it supports a principle valued by society. A defense based on excuse focuses on the defendant.
Is age an excuse defense?
In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility.
Is intoxication an excuse defense?
Voluntary intoxication usually isn't an excuse for criminal conduct. People often make mistakes when drunk. Unfortunately for some, voluntary intoxication isn't a defense to or excuse for most criminal offenses.
What is a justification defense give three examples and explain them?
Examples of justification defenses include: Self defense; Acting to prevent a crime from being committed; A reasonable misunderstanding of the facts surrounding the event; Protecting others from harm; and.
What are the defenses and justification excuses called quizlet?
Affirmative defenses can usually be categorized as either excuses or justifications. The culpability of the defendant serves as the focus and, despite the accused conduct being wrongful, the accused lack of culpability makes the behavior understandable and less reprehensible.
What are 4 types of defenses?
When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.
What is the difference between an excuse defense and a justification defense?
Definition of Justification and Excuse A defense based on justification focuses on the offense. A justification defense claims that the defendant's conduct should be legal rather than criminal because it supports a principle valued by society. A defense based on excuse focuses on the defendant.
What is the excuse defense of age?
In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility.
What is the difference between a justification and an excuse?
A justification negates the wrongfulness of the conduct. The following are considered justifications: law enforcement, self-defence and lesser evils. An excuse, on the other hand, negates only the culpability of the actor for wrongful conduct.
What are the defenses and justification excuses called quizlet?
Affirmative defenses can usually be categorized as either excuses or justifications. The culpability of the defendant serves as the focus and, despite the accused conduct being wrongful, the accused lack of culpability makes the behavior understandable and less reprehensible.
What are the defenses of excuse?
Excuse defenses allow the criminal defense attorney to argue that the defendant’s criminal conduct should be excused based on some sort of defect or disability. Common arguments include: 1 The defendant’s conduct was not voluntary 2 The defendant is incapable of telling right from wrong 3 The defendant cannot understand the consequences of his conduct 4 The defendant cannot understand the law
What is an excuse defense?
Excuse defenses allow the criminal defense attorney to argue that the defendant’s criminal conduct should be excused based on some sort of defect or disability. Common arguments include: The defendant’s conduct was not voluntary. The defendant is incapable of telling right from wrong.
What are some examples of justification defenses?
Some common examples of justification defenses include: Self-Defense: This justification defense is probably already familiar to you. Under this legal principle, criminal acts like battery or even homicide are not subject to punishment if the defendant was acting to defend himself or another party from harm.
What is the first step in a criminal case?
First, the attorney must be able to prove that the defendant had a reasonable and imminent fear for their life. Secondly, the attorney must be able to establish that the defendant only used an appropriate amount of force that was proportional to the threat being faced at the time.
Why do people break the law?
Necessity: Sometimes circumstances require an individual to break the law in order to prevent greater harm to themselves or others. For example, perhaps a raging wildfire threatens a community. An individual may set a small fire around the perimeter of the area to create a firebreak.
Can excuse defenses keep you out of jail?
While excuse defenses can keep defendants out of jail, it is important to note that they typically do not result in outright acquittal. Instead there is a special form of verdict or finding resulting in treatment or institutionalization for the defendant. Previous Blog. Next Blog. Practice Areas.
What are some examples of justification based defenses?
Below are some examples of justification based defenses: Self-defense and defense of others ; Defense of property where deadly force is not used; Crime prevention (using deadly force is generally only restricted to dangerous felonies under this defense);
Why is the defense not as strong as a justification?
However, this is not as strong of a defense as one based on a justification because they do not negate a defendant’s wrongful act. In an excuse case, even though the acts are labeled criminal the defendant will lack “moral guilt” which can ultimately get rid or limit any criminal punishment.
What is a criminal defense strategy?
A criminal defense strategy often includes evidence illustrating justifications, excuses, or mitigating factors for your alleged criminal acts. If a defendant is able to successfully establish any of these defenses, they may be able to negate criminal liability or significantly decrease the sentencing of a criminal case.
What are justification defenses?
Proving justification can get the charges dropped and clear a defendant from any criminal liability. Below are some examples of justification based defenses: 1 Self-defense and defense of others; 2 Defense of property where deadly force is not used; 3 Crime prevention (using deadly force is generally only restricted to dangerous felonies under this defense); 4 Necessity, which means that a person causes harm in order to prevent an even greater harm to society. For example, this could include breaking a water pipe in order to stop a fire from burning down a neighborhood; and 5 Reasonable mistake of fact.
What are some examples of mitigating factors?
Below are some examples of mitigating factors based defenses: Voluntary intoxication may negate some specific intent or premeditation to commit a crime.
What is an example of abuse defense?
A defendant facing charges in this instance could employ the abuse defense, a specialized version of self-defense. Battered woman syndrome is an example of the abuse defense.
What are the two types of defenses?
Most criminal defenses fall under two categories, excuse , and exculpation . An excuse exempts a person from potential liability because that person belongs to a group sharing a common characteristic. A police officer who injures a suspect during a lawful arrest may be immune from prosecution because she was acting in the course of official duties.
What is the infancy defense?
Some states allow the infancy defense which excuses a minor from liability for acts that would qualify as a criminal if committed by an adult. In some cases, the prosecutor or judge has the discretion to decide whether the minor understood his actions were wrong, and, to proceed to try the individual as an adult.
What was the entrapment defense used in the 1980s?
One famous case using the entrapment defense worked in the defendant's favor. In the '80s, John Delorean fell for a government sting operation in which he was to receive $24 million if he invested $1.8 million to import cocaine into the U.S. The cash-strapped carmaker took the bait and was arrested.
Why is Donna not in control of her actions?
Donna was not in control of her actions due to a physical problem (epilepsy) so she will argue this excuses her from liability and frees her from culpability for the injuries and damage caused by the accident. A jury could acquit or render a guilty verdict with mitigating sentencing.
What is the defense against insanity?
Innocence by Insanity. The insanity defense prevents a mentally-incapacitated person from being criminally punished. It is based on the McNaghten rule, which defines insanity as the inability to determine right from wrong.
Why is evidence of abuse important?
Evidence of abuse is an important fact to be considered during the sentencing phase of a trial. A defense attorney may argue that his client's culpability should be reduced because the criminal behavior was influenced by physical or mental abuse inflicted in the past or present.
Why do excuses and justifications have to be proven?
Both of these defences, excuse and justification require elements to be proven in order to not be held criminally responsible for their particular actions , but some of these defences, like entrapment and provocation are more difficult to prove, unlike proving a mental disorder, or being a certain age.
Why are crimes excused?
There are ‘crimes’ committed every single day, some of these ‘crimes’ are excused because certain factors like; age, mental disorders, automatism, mistake of fact, and mistake of law, prevent an individual from being held criminally responsible, because there was no criminal intent.
What are the two types of legal defences?
Legal defences’ falls into two categories, excuse defences and justification de fences. Excuse defence is when the defendant admits to committing a criminal act but believes that he or she cannot be held responsible because there was no criminal intent. Excuse defences that are used in courts today are; Age, Mental Disorder, Automatism, Mistake of Fact and Mistake of Law. Justification defences involves a defendant admitting that when they committed a criminal act, their actions were justified by; duress, necessity, self-defence, provocation, and entrapment (Goff, 2008, p. 48) .
How is necessity related to duress?
Necessity is related to duress because duress is a type of necessity. The danger is caused by forces of nature or human conduct other than intentional threats of bodily harm, while duress is caused by intentional threats of bodily harm (Goff, 2008, p. 51). Entrapment is a justification defence.
What are the two defences of duress?
There are two defences of duress: compulsion, and the common-law defence. Duress justification defence is when a person doesn’t have a free will anymore, because of the wrongful threat of death or bodily harm, of one person, which makes another person commit a crime he or she would not have committed.
Is a provocation a complete defence?
Provocation is also like entrapment, it is not known as a “complete defence”, and if it is accepted by the courts, it results in an acquittal. An acquittal is a verdict of not guilty. In acquittals the case cannot be tried again, offering a person protection from double jeopardy (Inc, 2010).
What is the definition of justification and excuse?
Typically, justification and excuse defenses admit that the defendant committed the criminal act with the requisite intent, but insist that the conduct should not be criminal.
What is a defense categorized as?
Categorization of Defenses. Defenses can be categorized as denial or failure of proof, affirmative, imperfect, or perfect. Defenses can also be categorized as factual, legal, based on justification, or excuse. Lastly, defenses can be created by a court ( common law ), or created by a state or federal legislature ( statutory ).
What is the difference between an imperfect defense and a perfect defense?
If a defense results in an acquittal, it is called a perfect defense. The difference between the two is significant. A defendant who is successful with an imperfect defense is still guilty of a crime; a defendant who is successful with a perfect defense is innocent.
What is affirmative defense?
An affirmative defense is a defense that raises an issue separate from the elements of the crime.
What is it called when a defense results in an acquittal?
If a defense results in an acquittal, it is called a perfect defense . The difference between the two is significant. A defendant who is successful with an imperfect defense is still guilty of a crime; a defendant who is successful with a perfect defense is innocent.
Why is Armando's alibi defense based on fact?
Armando’s alibi defense is a factual defense; it is based on the fact that Armando could not have committed the burglary because he was somewhere else at the time it occurred.
What is an imperfect defense?
An imperfect defense reduces the severity of the offense; a perfect defense results in an acquittal. If the basis for a defense is an issue of fact, it is called a factual defense. If the basis for a defense is an issue of law, it is called a legal defense.
Protecting Yourself and Others
Victims of Abuse
A Just Murder
- Excuse defenses allow the criminal defense attorneyto argue that the defendant’s criminal conduct should be excused based on some sort of defect or disability. Common arguments include: 1. The defendant’s conduct was not voluntary 2. The defendant is incapable of telling right from wrong 3. The defendant cannot understand the consequences of his co...
Innocence by Insanity
Acting Under The Influence
When You Aren't in Control
Children and Crime
The Entrapment Defense
Mutual Agreement