Justification and Excuse: Difference between revisions
From Criminal Defense Wiki
Jump to navigationJump to search
Created page with "The common law classifies defenses as either justifications or excuses. The difference between justification and excuse is explained in the commentaries to the [[Model Penal Co..." |
No edit summary |
||
| Line 4: | Line 4: | ||
In some case, a given defense may act as both a justification or excuse. | In some case, a given defense may act as both a justification or excuse. | ||
Justification defenses include [[necessity| Necessity]],[[Defense of others]], [[Defense of property]] | |||
---- | ---- | ||
Revision as of 11:58, 12 November 2010
The common law classifies defenses as either justifications or excuses.
The difference between justification and excuse is explained in the commentaries to the Model Penal Code "[t]o say that someone's conduct is 'justified' ordinarily connotes that the conduct is thought to be right, or at least not undesirable." . . ."to say that someone's conduct is 'excused' ordinarily connotes that the conduct is thought to be undesirable but that for some reason teh actor is not to be blamed for it.[1]
In some case, a given defense may act as both a justification or excuse.
Justification defenses include Necessity,Defense of others, Defense of property
Notes
- ↑ Model Penal Code Commentaries Article 3, introduction, at 3
