Criminal Law
Guyora Binder
Published:
2016
Online ISBN:
9780190621049
Print ISBN:
9780195321203
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Criminal Law
Guyora Binder
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Guyora Binder
Pages
333–398
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Published:
August 2016
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Binder, Guyora, 'Justification and Excuse', Criminal Law (
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Abstract
This chapter analyzes defenses of justification and excuse. Justifications deny that the defendant’s commission of the offense was wrongful or illegal. They include law enforcement, defensive force, and necessity. Excuses deny that the defendant’s wrongful commission of the offense merits punishment. Excuses generally deny the defendant’s responsibility for his or her wrongdoing, on the basis of circ*mstances interfering with capacity to choose. They include duress and insanity. Like offenses and doctrines of attribution, defenses have also endured a transformation. Justifications were originally conceptualized as official duties to enforce law. Later they were privileges on the part of ordinary citizens to achieve public purposes. Eventually, utilitarianism redefined the public interest as the net public welfare, and justified self-regarding offending that maximized the net public welfare. Excuses were originally conceptualized as statuses of subjection that excused disloyalty to sovereign authority. The emergent utilitarian model redefined them as circ*mstances interfering with choice.
Keywords: justification, excuse, self-defense, necessity, duress, insanity defense
Subject
Criminal Law Criminology and Criminal Justice
Collection: Oxford Scholarship Online
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