Justification and Excuse

Question 1

What is Justification?

Answer 1

• The act wasn’t wrong because of the circumstances
• Balancing of choices
• Burden on defendant
• Can extend to third party
• Defensive Force
• Choice of evils, generally

Question 2

What is Excuse?

Answer 2

• The act was wrong, but you had to do it anyway
• Doing what you “have to”
• Burden on defendant
• Cannot extend to third party
• Necessity
• Duress

Question 3

What is an Affirmative Defense?

Answer 3

-Where the prosecution can prove all the elements of a crime, but the defense argues the crime should be excused or justified

Question 4

What is the M’Naghten Rule?

Answer 4

• Insanity defense rule
• A defendant either: does not know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing wrong

Question 5

What is a Dietic Decree?

Answer 5

• When a diety tells you to commit a crime

- Courts consider this a factor in being able to tell right from wrong

Question 6

What are the elements of Defensive Force?

Answer 6

• Reasonable belief
• Threat of death or serious bodily injury
• Threat is imminent
• Force is necessary

Question 7

What are the elements of Choice of Evils?

Answer 7

• Defendant believes breaking the law to be necessary to avoid harm given that:
• -harm or evil avoided> the offense
• -law doesn’t provide an excuse for the circumstances
• -legislative purpose to exclude the excuse doesn’t appear
• Not allowed when caused by recklessness or negligence

Question 8

What are the elements of Necessity?

Answer 8

• Grave Harm
• Imminent
• Last Resort
• Effective

Question 9

What are the elements of Duress?

Answer 9

• Imminent threat against
• Self/others
• Reasonable firmness unable to resist