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Excuse

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is irrelevant although, in the criminal law, this may reduce the sentence. The basis of the defense argues that the threats made by the other person make the defendant's entire behavior involuntary and therefore the liability should be reduced or removed. The extent to which this defense should be allowed, if at all, is a simple matter of public policy. A state may say that no threat should force a person deliberately to break the law, particularly if this breach will cause loss or damage to a third person. Alternatively, a state may take the view that even though people may have ordinary levels of courage, they may nevertheless be coerced into agreeing to break the law and this human weakness should have some recognition in the law. For example, suppose that a group of terrorists kidnap A's family and instruct A to carry a large bomb into a crowded area as the price for the release of their family. If A carries out these instructions, making no effort to contact the police or to warn those in the danger area, the issue of liability for death and injury resulting depends on the state's values. This is a legal as well as a political decision. In the civil law, duress is similarly only an exculpation, rendering contracts and other transactions voidable, and offering only minor mitigation in the calculation of the amount of any
778:, i.e. the state cannot allow ignorance of the law to be a defense. This would unduly encourage the lazy and the deceitful to trade on their ignorance (real or otherwise). Thus, usually only mistakes relating to the factual basis of what is being attempted can form this defense and, in the majority of situations, it will only offer limited benefit to a defendant of ordinary capacity since the state owes no general duty to save citizens from the effects of their own ignorance or stupidity. Nevertheless, there may be limited circumstances in which people may honestly believe things that either prevent them from forming the requisite 803:
But the state has a positive interest in maintaining good order and therefore, no matter what is done or said, people are not supposed to react violently or to cause loss or damage. Even though certain forms of physical contact or particular words might cause even reasonable people to become seriously annoyed, the state cannot sanction or justify retaliation. Thus, in most aspects of the law, any loss of control is taken to be an aggravating factor that, in the criminal law or the law of intentional torts, might well lead to an increase in sentencing, or the award of punitive or exemplary damages.
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transactions may be voidable, i.e. the courts will judge, whether in the particular circumstances, it would be right to favor the interests of the child or the interests of the other party or parties involved in the transaction. Hence, it would not be appropriate to allow a child knowingly to deceive innocent retailers or service providers into supplying value, and then allow him or her to avoid liability to pay a reasonable sum of money for those goods or services. This is a balancing of political and commercial interests.
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opposed to having to wait until a police officer arrives before help can be rendered. Whilst the jurisprudential importance of the distinction between justification and excuse defenses is clear, legally they have the same effect, acquittal, and there is an ongoing debate about whether the distinction makes any practical difference.
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typical example of disproportionate force; however, such decisions are dependent on the situation and the applicable law, and thus the example situation can in some circumstances be defensible, generally because of a codified presumption intended to prevent the unjust negation of this defense by the trier of fact.
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fall outside the formal controls that would seek to ensure reasonable use of force in state-appointed police officers, such people may accidentally find themselves interrupting the commission of a crime and their actions in defence of their own or another's interests is justified out of expediency as
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In this situation, the defendant has actually done everything to break the law and intended to do it to avoid some threatened or actual harm. Thus, some degree of liability already attaches to the defendant for what was done. In law, the usual rule is that the defendant's motive for breaking the law
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approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or
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and the available evidence of the age at which antisocial behavior begins to manifest itself. Some societies will have qualities of indulgence toward the young and inexperienced and will not wish them to be exposed to the criminal law system before all other avenues of response have been exhausted.
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This is an example of a purely mitigatory defense in that, in the few situations when it is allowed to operate, it only reduces the level of criminal liability. In most legal systems, it cannot extinguish liability. It is a natural part of human nature that people get angry when they are provoked.
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Self-defense is, in general, some reasonable action taken in protection of self. An act taken in self-defense often is not a crime at all; no punishment will be imposed. To qualify, any defensive force must be proportionate to the threat. Use of a firearm in response to a non-lethal threat is a
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from liability means that although the defendant may have been a participant in the sequence of events leading to the prohibited outcome, no liability will attach to the particular defendant because they belong to a class of person exempted from liability. In some cases, this will be a policy of
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and other legal situations during which liabilities would otherwise attach to the infant. Where there is only minimal understanding, transactions entered into will be void, i.e. the infant is excused. When understanding grows in line with age, the law switches from excuse to exculpation, and
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attack will not be liable for any loss or damage caused. To that extent, it borrows from the policy excuse favoring those who are suffering from a mental illness, but allows the full trial as to liability to proceed. For a detailed comparative law discussion, see
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This criminal defense straddles the divide between excuse and exculpation. It works by showing that the defendant's mind was not in control of the body's movements at the relevant time and that this loss of control was not foreseeable. For example, a
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or for an ambulance driver exceeding the speed limit in an emergency. Others are excused by virtue of their status and capacity. Others may escape liability because the quality of their actions satisfied a general public
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may be excused from liability as belonging to a class of person that ought to be excused, their behaviour may be considered justified, or an exculpation may be allowed on the merits of the particular case.
667:, the state accepts the person as being in need of care, and offers or requires medical treatment instead of subjecting such people to the stress of having to undergo a trial as to liability. 558:, or other wrong and have a liability to compensate the victim, they should be exculpated because of special circumstances that operated in favor of the defendant at the time they broke the 505:
or other civil organizations may be granted a degree of immunity for causing prohibited outcomes while acting in the course of their official duties, e.g. for an
436:. An excuse may also be something that a person or persons use to explain any criticism or comments based on the outcome of any specific event. 73: 599:
and exclude liability for all acts and omissions that would otherwise have been criminal up to a specified age. Thereafter, there may be a
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result. When considering the consequences which are to be imposed on those involved in the activities forming the subject matter of the
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If individuals are a danger to society and/or to themselves but not responsible through a lack of understanding, there is no point in
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if the person understands that what was done was wrong and accepts the judgment of society as part of the process of
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against the use of criminal sanctions except in more serious cases. Other states leave discretion to
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to argue or the judges to rule on whether the child understood that what was being done was wrong.
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Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder
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The Criminal Defense of Duress: A Justification, Not an Excuse - And Why It Matters
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enact policy into laws which are then administered through the judicial system.
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Unjustified: The Practical Irrelevance of the Justification/Excuse Distinction
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for a group of persons sharing a common characteristic. Justification, as in
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Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification
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This article is about excuses in legal trials. For "making excuses", see
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is defined as a permanent or "settled" condition caused by long-term
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argues that despite the fact they committed and are guilty of the
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jurisdictions "settled insanity" can be used as a basis for an
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Punishment and Responsibility: Essays in the Philosophy of Law
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The general policy usually allocated in cases of mistakes is
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also have a residual discretion to excuse individuals from
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and excuse are different defenses in a criminal case (See
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Boulder, CO: Westview Press, 1992. 593:Hence, some states have a policy of 37: 368:charges that is a distinct from an 24: 518:. For example, the willingness to 497:expediency. Hence, members of the 25: 967: 814: 614:may also excuse liability in the 307: 42: 729: 956:Criminal law legal terminology 439: 13: 1: 864:Controversies in Criminal Law 807: 775:ignorantia juris non excusat 29:Rationalization (psychology) 7: 565: 10: 972: 480:and judges have a choice: 403:, vindicates or shows the 141:Mental disorder (Insanity) 26: 925:Westen & Mangiafico, 578:This is an aspect of the 146:Diminished responsibility 832:, (2003) Vol. 53, No. 1 637:mental disorder defences 526:from injury may benefit 378:Justification and excuse 51:This article includes a 884:Oxford University Press 766:mistake in contract law 764:in criminal law and in 738:in criminal law and in 522:oneself and others, or 80:more precise citations. 33:Excuse (disambiguation) 846:Journal of Law Reform 844:University of Michigan 601:rebuttable presumption 484:the criminal or civil 395:The excuse provides a 31:. For other uses, see 922:, (1989) Crim. LR 93. 902:California Law Review 828:Berman, Mitchell N., 717:automatism (case law) 784:or from reaching an 401:justifiable homicide 913:Columbia Law Review 852:Fontaine, Reid G., 464:if it represents a 452:branches of modern 838:Chin, Gabriel J., 572:Defense of infancy 53:list of references 951:Criminal defenses 900:, (1987) Vol. 75 663:. Hence, as with 412:suffering from a 397:mitigating factor 350: 349: 112:Criminal defenses 106: 105: 98: 16:(Redirected from 963: 907:Robinson, P. H. 834:Duke Law Journal 821: 818: 689:insanity defense 673:Settled insanity 633:Insanity defense 428:which may be an 342: 335: 328: 312: 311: 226: 206:False confession 131:Actual innocence 108: 107: 101: 94: 90: 87: 81: 76:this article by 67:inline citations 46: 45: 38: 21: 971: 970: 966: 965: 964: 962: 961: 960: 936: 935: 825: 824: 819: 815: 810: 758:Mistake of fact 732: 677:substance abuse 641:M'Naghten Rules 568: 442: 346: 306: 294: 222: 215: 102: 91: 85: 82: 71: 57:related reading 47: 43: 36: 23: 22: 15: 12: 11: 5: 969: 959: 958: 953: 948: 934: 933: 923: 916: 905: 898:Excusing Crime 894: 874: 867: 860: 850: 836: 823: 822: 812: 811: 809: 806: 805: 804: 799: 798: 792: 791: 769: 768: 762:mistake of law 754: 753: 744: 743: 731: 728: 727: 726: 721: 720: 702: 701: 696: 669: 668: 665:parens patriae 661:rehabilitation 644: 643: 629: 628: 610:The status of 608: 585:parens patriae 575: 574: 567: 564: 490: 489: 441: 438: 414:mental illness 348: 347: 345: 344: 337: 330: 322: 319: 318: 317: 316: 314:Law portal 301: 300: 296: 295: 293: 292: 287: 282: 277: 272: 267: 262: 257: 251: 248: 247: 239: 238: 237: 236: 227: 217: 216: 214: 213: 208: 203: 198: 193: 188: 183: 178: 173: 168: 163: 158: 153: 148: 143: 138: 133: 127: 124: 123: 115: 114: 104: 103: 61:external links 50: 48: 41: 9: 6: 4: 3: 2: 968: 957: 954: 952: 949: 947: 944: 943: 941: 932: 928: 924: 921: 917: 914: 910: 906: 903: 899: 895: 893: 892:0-19-825181-5 889: 885: 881: 878: 875: 872: 868: 865: 861: 859: 855: 851: 849: 845: 841: 837: 835: 831: 827: 826: 817: 813: 801: 800: 797: 794: 793: 789: 788: 783: 782: 777: 776: 771: 770: 767: 763: 759: 756: 755: 751: 746: 745: 741: 737: 734: 733: 723: 722: 718: 713: 712:hypoglycaemic 709: 704: 703: 700: 697: 694: 690: 686: 685:United States 682: 678: 674: 671: 670: 666: 662: 658: 654: 650: 646: 645: 642: 638: 634: 631: 630: 625: 621: 617: 613: 609: 606: 602: 598: 597: 591: 587: 586: 581: 580:public policy 577: 576: 573: 570: 569: 563: 561: 557: 553: 549: 545: 541: 536: 533: 529: 525: 521: 517: 512: 508: 504: 500: 495: 487: 483: 482: 481: 479: 475: 471: 467: 463: 459: 455: 451: 447: 437: 435: 431: 427: 423: 419: 415: 410: 406: 402: 398: 393: 391: 387: 383: 379: 375: 374:Justification 371: 367: 363: 359: 355: 354:jurisprudence 343: 338: 336: 331: 329: 324: 323: 321: 320: 315: 310: 305: 304: 303: 302: 298: 297: 291: 288: 286: 283: 281: 278: 276: 273: 271: 268: 266: 263: 261: 258: 256: 253: 252: 250: 249: 245: 241: 240: 235: 231: 228: 225: 221: 220: 219: 218: 212: 209: 207: 204: 202: 199: 197: 194: 192: 189: 187: 184: 182: 179: 177: 174: 172: 169: 167: 164: 162: 159: 157: 154: 152: 149: 147: 144: 142: 139: 137: 134: 132: 129: 128: 126: 125: 121: 117: 116: 113: 110: 109: 100: 97: 89: 79: 75: 69: 68: 62: 58: 54: 49: 40: 39: 34: 30: 19: 946:Contract law 926: 919: 918:Smith, J.C. 911:, (1982) 82 908: 897: 879: 870: 863: 853: 839: 829: 816: 785: 779: 773: 730:Exculpations 710:suffering a 681:intoxication 664: 596:doli incapax 594: 583: 539: 537: 499:armed forces 493: 491: 443: 394: 357: 352:In American 351: 230:Criminal law 223: 201:Self-defense 151:Intoxication 118:Part of the 92: 86:October 2023 83: 72:Please help 64: 877:Hart, H.L.A 796:Provocation 605:prosecutors 546:in which a 540:exculpation 478:governments 474:legislation 450:legislative 440:Explanation 382:culpability 370:exculpation 196:Provocation 78:introducing 940:Categories 882:. Oxford: 808:References 790:agreement. 699:Automatism 683:. In some 649:punishment 470:common law 434:sentencing 244:common law 211:Entrapment 161:Automatism 120:common law 842:, (2009) 657:expiation 616:civil law 548:defendant 532:vigilante 486:defendant 462:liability 446:executive 430:acquittal 390:civil law 234:procedure 191:Necessity 896:Kadish, 886:, 1968. 781:mens rea 752:payable. 740:contract 708:diabetic 693:mens rea 639:and the 620:contract 566:Defenses 524:property 426:judgment 422:capacity 407:. Thus, 366:criminal 290:Evidence 270:Property 260:Contract 255:Criminal 224:See also 136:Immunity 787:ad idem 750:damages 653:morally 590:society 544:defense 528:society 507:assault 494:excused 409:society 405:justice 388:in the 362:defense 299:Portals 285:Estates 176:Mistake 171:Consent 156:Infancy 74:improve 18:Excuses 904:, 257. 890:  736:Duress 520:defend 511:arrest 503:police 501:, the 492:To be 458:Judges 454:states 418:status 358:excuse 280:Trusts 242:Other 181:Duress 122:series 612:minor 552:crime 542:is a 360:is a 356:, an 275:wills 246:areas 166:Alibi 59:, or 915:199. 888:ISBN 760:and 659:and 624:tort 618:for 556:tort 516:good 466:just 448:and 444:The 386:tort 265:Tort 232:and 742:law 582:of 560:law 538:An 472:or 420:or 364:to 186:Age 942:: 635:, 622:, 562:. 554:, 476:, 392:. 372:. 63:, 55:, 719:. 695:. 341:e 334:t 327:v 99:) 93:( 88:) 84:( 70:. 35:. 20:)

Index

Excuses
Rationalization (psychology)
Excuse (disambiguation)
list of references
related reading
external links
inline citations
improve
introducing
Learn how and when to remove this message
Criminal defenses
common law
Actual innocence
Immunity
Mental disorder (Insanity)
Diminished responsibility
Intoxication
Infancy
Automatism
Alibi
Consent
Mistake
Duress
Age
Necessity
Provocation
Self-defense
False confession
Entrapment
Criminal law

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