LAW 140 Chapter Notes - Chapter Justification and Excuses: Deadly Force, Castle Doctrine, Homicide
Document Summary
Justification: defines conduct, otherwise criminal, which under the circumstances does not deserve criminal liability. Justification defenses state exceptions to the prohibitions laid down by specific offenses (i. e. sd) Focuses on actor"s conduct and seeks to show the result of the act was not wrongful. Excuse: recognizes claims that particular individuals cannot fairly be blamed for admittedly wrongful conduct. Focuses on actor and tries to show he is not morally culpable for his wrongful conduct (i. e. insanity); punishment would be morally inappropriate. I: necessity (lesser evil/choice among evils) a. i. Common law: defense is available only when the d is able to make an offer of proof which establishes (markum): a. i. 1. Actor must have been faced with a clear and imminent danger, not one which is debatable or speculative a. i. 2. Actor must have reasonably expected his actions would be effective in avoiding the harm he seeks to avoid (objective) a. i. 3. Must be no effective legal alternative to avert the harm a. i. 4.
