NCJ Number
116687
Journal
Law and Contemporary Problems Volume: 49 Issue: 3 Dated: (Summer 1986) Pages: 89-108
Date Published
1986
Length
20 pages
Annotation
This article explores why it is often difficult for the law to distinguish between justifications of and excuses for acts that incur criminal liability.
Abstract
Justifications and excuses recognize that the basic elements of a criminal act are present but that liability is denied because of exonerating circumstances. The article then distinguishes between justifications and excuses and examines situations where it is difficult to apply either label, noting that even if an either-or label cannot be applied, moral evaluation of an act can take place. The article concludes that even though the law tends to rely on rigid labels, it should not attempt to make comprehensive and precise distinctions between justifications and excuses. 44 footnotes.