Identify one justification and excuse defense.
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http://findarticles.com/p/articles/mi_qa3735/is_200407/ai_n9416883/pg_36
One justification defense in criminal law is self-defense. This defense asserts that the accused committed the act in order to protect themselves or others from imminent danger or harm. The defense argues that their actions were justified due to the necessity of self-preservation or the protection of another person's life or safety.
To identify this defense, one would need to examine the circumstances surrounding the criminal act. This would involve considering factors such as the immediate threat faced by the accused, the level of force used in response, and any evidence supporting their claim of self-defense. In order to present a successful justification defense, the accused would need to demonstrate that they reasonably believed their actions were necessary to avoid harm.
On the other hand, an excuse defense in criminal law is duress. This defense asserts that the accused committed the act due to coercion or threat of imminent harm from another person. The defense argues that the accused was put in a position where they felt compelled to commit the crime under duress, believing that refusal would result in serious harm or death.
To identify this defense, one would need to examine the evidence supporting the defendant's claim of duress. This may involve considering the circumstances surrounding the crime, any threats made against the accused, and any evidence of their emotional state or fear of harm. In order to establish a successful excuse defense of duress, the accused would need to prove that they faced an immediate threat that left them with no reasonable alternative but to commit the criminal act.