With justification defenses, the defendant accepts responsibility for the act he or she is charged with, but

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• With justification defenses, the defendant accepts responsibility for the act he or she is charged with, but argues that the act was permissible under the circumstances.

• With excuse defenses, the defendant admits that what he or she did was wrong but claims that he or she should not be held responsible for the crime.

• Offense modifications operate very much like failure of proof defenses. But whereas failure of proof defenses usually focus on the prosecution’s failure to prove actus reus and mens rea, offense modifications usually focus on other issues, such as whether a resulting harm occurred.

• Nonexculpatory defenses are those that are unrelated to the defendant’s alleged fault or guilt.

• A perfect defense results in the acquittal of the defendant.

• With an imperfect defense, the defendant will be found guilty but of a lesser crime.

• Reasons for justification defenses include public benefit, superior interest, and moral rights.

Questions:-

1. What is the difference between a justification defense and an excuse defense?
2. How does failure of proof differ from justification and excuse defenses?
3. What is the difference between a perfect and an imperfect defense?
4. What reasons exist for justification defenses?

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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