Criminal law excuses are analyzed as a group of analogous doctrines working together to exculpate blameless offenders. The analysis reveals that current law doctrine, although it often is not explicit about the parallel and integrated operation of its excuse defenses, does much to perform this ...
excuseattitudinaltheoryexcusesdefensescriminal AN ATTITUDINAL THEORY OF EXCUSE Peter Westen * ABSTRACT: The mother lode of criminal law scholarship is a unitary theory of excuses, that is, a normative account as to why a person who engages in conduct that a criminal statute prohibits ought neverthele...
2) What are the five major types of defenses based on justification defense? A. (1) Defense to others (2) Insanity (3) Necessity (4) Duress (5) Excuse B. (1) Self defense (2) Defense of others (3) Necessity (4) Crime prevention and Law Enforcement (5) Defense of property or ha...
defensivetheories,astraditionallyunderstood,exoneratebasedonprinciplesthatare broaderthanthefactsofaparticularcase,becauseofthemannerinwhichthey appropriatelyapplytothefactsofaparticularcase.”(Milhizer)Insimplerterms– justificationandexcusedefensesallowajurytomakeajudgmentasstowhethera defendantshouldbedeclaredacriminal...
provocationcriminal defensesjurisprudencephilosophy of lawjustificationexcuseThe partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughterdoi:10.2139/ssrn.2130692Berman, Mitchell N....
In... Re’em Segev - 《Law & Philosophy》 被引量: 15发表: 2006年 Culture as Justification, not Excuse This Article observes that the wide discussion of cultural defenses over the last twenty years has produced very little actual change in the criminal law. ... EM Chiu - 《Social ...
Discusses possible defenses to a serious misdeclaration penalty assessment for value-added tax errors under the Finance Act of 1985 in Great Britain. Disclosure in the records; Reasonable excuse; Penalties following accountant's advice; ... S Dencher - 《Accountancy》 被引量: 0发表: 1991年 加载...
However, another type of defense exists in which the defendant admits they were the culprit, but provides an excuse in an attempt to avoid criminal punishment. These so called "excuse defenses" include insanity, involuntary intoxication, age, and entrapment. In all cases, juries are required to...
This chapter briefly reviews the background of this development and the reasons why absence of intent has not figured more prominently as an excusive factor in insanity defenses. Given the character of the offenses, the presence of criminal intent often seems indefeasible. It is argued that ...
Associate professor of psychology and a member of the law and justice facultyJournal of Psychiatry & LawHeath, W. P., Stone, J., Darley, J. M., & Grannemann, B. D. (2003). Yes, I did it, but don't blame me: Perceptions of excuse defenses. The Journal of Psychiatry and Law,...