Describe how criminal responsibility can be limited.
„h Identify one justification and excuse defense.
„h Explain why they are used.
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One thing I learned as a high school teacher was this excuse, "it wasn't my fault". Folks like to not accept responsibility for errors, but transfer that responsibility to others. "She made me do it". Duh.
Criminal responsibility can be limited through the use of justification and excuse defenses. These defenses are put forth in criminal law to address situations where defendants may have committed a crime but are considered not fully responsible for their actions.
One justification defense that can limit criminal responsibility is self-defense. Self-defense is a defense strategy that argues that an individual's actions were necessary to protect themselves or others from harm or danger. The person claiming self-defense believes their actions were justified due to the circumstances they were facing. For example, if someone physically attacks another person, the person being attacked may use reasonable force to defend themselves.
Excuse defenses, on the other hand, are used to argue that the defendant was not entirely responsible for their actions due to external factors that affected their mental or emotional states. One commonly recognized excuse defense is insanity. This defense asserts that the defendant, due to a mental illness or defect, either did not understand the nature and consequences of their actions or was unable to differentiate right from wrong at the time of the offense.
Justification defenses, such as self-defense, are used to protect individuals who, in the face of imminent harm, act out of the necessity to protect themselves or others. These defenses recognize that individuals should not be held fully responsible for their actions when they are placed in a situation where they need to defend themselves.
Excuse defenses like insanity, on the other hand, are used to acknowledge that certain individuals may have limited control over their actions due to mental illness or other external factors. These defenses take into consideration that a person's mental state can significantly affect their ability to comprehend their actions or make rational decisions.
In summary, justification and excuse defenses are used in criminal law to limit criminal responsibility. Justification defenses like self-defense are employed to protect individuals who act in defense of themselves or others, while excuse defenses like insanity acknowledge that certain external factors may limit a person's responsibility for their actions.