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Affirmative defenses fall under the categories of justification and excuse
Affirmative defenses fall under the categories of justification and excuse. Answer these questions:
1) Discuss the legal and practical differences between a justification and an excuse.
2) What is needed for an insanity plea to be approved by the courts?
3) After Bernie was arrested for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent. What defense, if any, does Bernie have to the charge of robbery? Will he be successful? Why?
Sample Answer
Affirmative defenses allow a defendant to avoid criminal liability even if the prosecution proves they committed the act. These are primarily categorized as justifications or excuses.
1) Justification vs. Excuse: Legal and Practical Differences
While both can lead to an acquittal, they stem from different philosophies of the law.
Feature
Justification
Excuse
The Moral Stance
The law views the act as right or permissible under the circumstances.
The law views the act as wrong, but the actor is not blameworthy.
"I did it, but it was the right thing to do to prevent a greater harm."
"I did it, and it was wrong, but I wasn't in control of my mind/actions."
Practical Difference: If an act is justified (like self-defense), it is generally considered legal for everyone involved. For example, a third party can legally help someone who is acting in self-defense. If an act is merely excused (like insanity), the act remains unlawful, but the specific individual is spared punishment because they lacked the capacity to be held responsible.