What would a person consider two main functions of criminal law. How can you identify one justification and excuse defense?
Two main functions of criminal law are punishment and protection of law-abiding people.
Justification might be if a hungry person stole a loaf of bread. An excuse defense might rely on peer pressure or a mental aberration.
A person would typically consider two main functions of criminal law: punishment and deterrence. Punishment involves imposing penalties on individuals who have violated the law, such as through imprisonment, fines, or probation. Deterrence aims to prevent others from committing crimes by making the consequences of criminal behavior clear and undesirable.
Regarding the identification of justification and excuse defenses, let's break it down:
1. Justification Defense: A justification defense argues that the accused person's actions were necessary or justified under the circumstances. It says that, despite breaking the law, the person's actions were reasonable and morally acceptable given the situation. For example, self-defense is a common justification defense when a person uses force to protect themselves or others from harm.
To identify a justification defense, you can look for factors like an immediate threat, a proportionate response, and the absence of a reasonable alternative action. The defendant must demonstrate that their actions were justified based on the specific circumstances they faced.
2. Excuse Defense: An excuse defense acknowledges that the accused person committed the crime but argues that they should not be held fully responsible due to factors that impaired their capacity to make a rational choice. Excuse defenses focus on the defendant's mental state or circumstances that affected their decision-making ability. For example, insanity or diminished capacity can be used as excuse defenses, suggesting that the defendant lacked the mental capacity to understand the consequences of their actions.
To identify an excuse defense, you can look for evidence of mental illness, psychological trauma, coercive pressure, or any other factors that affected the defendant's ability to make a voluntary, rational choice.
It is important to note that the availability and acceptance of specific defense strategies may vary based on jurisdiction and legal systems, so it is crucial to consult the applicable laws and regulations for a comprehensive understanding.