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In
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
, an excuse is a
defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indust ...
to
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Exculpation is a related concept which reduces or extinguishes a person's
culpability In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily has ...
, such as a their liability to pay compensation to the victim of a
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...
in the civil law. The excuse provides a
mitigating factor In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
for a group of persons sharing a common characteristic. Justification, as in
justifiable homicide The concept of justifiable homicide in criminal law is a defense to culpable homicide (criminal or negligent homicide). Generally, there is a burden of production of exculpatory evidence in the legal defense of justification. In most countrie ...
, vindicates or shows the
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
. Thus,
society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soc ...
approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or suffering from a
mental illness A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...
. Thus, a justification describes the quality of the act, whereas an excuse relates to the
status Status (Latin plural: ''statūs''), is a state, condition, or situation, and may refer to: * Status (law) ** City status ** Legal status, in law ** Political status, in international law ** Small entity status, in patent law ** Status confere ...
or capacity (or lack of it) in the accused. These factors can affect the resulting
judgment Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle s ...
which may be an
acquittal In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
, or in the case of a conviction may mitigate sentencing. An excuse may also be something that a person or persons use to explain any criticism or comments based on the outcome of any specific event.


Explanation

The
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive d ...
and
legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
branches of modern states enact policy into laws which are then administered through the judicial system.
Judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility ...
s also have a residual discretion to excuse individuals from liability if it represents a just result. When considering the consequences which are to be imposed on those involved in the activities forming the subject matter of the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
or
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
,
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
s and judges have a choice: :the criminal or civil
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jur ...
may be excused from liability as belonging to a class of person that ought to be excused, their behaviour may be considered justified, or an exculpation may be allowed on the merits of the particular case. To be ''excused'' from liability means that although the defendant may have been a participant in the sequence of events leading to the prohibited outcome, no liability will attach to the particular defendant because they belong to a class of person exempted from liability. In some cases, this will be a policy of expediency. Hence, members of the
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
, the
police The police are a Law enforcement organization, constituted body of Law enforcement officer, persons empowered by a State (polity), state, with the aim to law enforcement, enforce the law, to ensure the safety, health and possessions of citize ...
or other civil organizations may be granted a degree of immunity for causing prohibited outcomes while acting in the course of their official duties, e.g. for an
assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
or trespass to the person caused during a lawful
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
or for an ambulance driver exceeding the speed limit in an emergency. Others are excused by virtue of their status and capacity. Others may escape liability because the quality of their actions satisfied a general public
good In most contexts, the concept of good denotes the conduct that should be preferred when posed with a choice between possible actions. Good is generally considered to be the opposite of evil and is of interest in the study of ethics, morality, ph ...
. For example, the willingness to defend oneself and others, or
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
from injury may benefit
society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soc ...
at large. Albeit that the actions of a
vigilante Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without legal authority. A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a person who ...
fall outside the formal controls that would seek to ensure reasonable use of force in state-appointed police officers, such people may accidentally find themselves interrupting the commission of a crime and their actions in defence of their own or another's interests is justified out of expediency as opposed to having to wait until a police officer arrives before help can be rendered. Whilst the jurisprudential importance of the distinction between justification and excuse defenses is clear, legally they have the same effect, acquittal, and there is an ongoing debate about whether the distinction makes any practical difference. An ''exculpation'' is a
defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indust ...
in which a
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jur ...
argues that despite the fact they committed and are guilty of the
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
,
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...
, or other wrong and have a liability to compensate the victim, they should be exculpated because of special circumstances that operated in favor of the defendant at the time they broke the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
.


Defenses

*
Defense of infancy The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that ...
:This is an aspect of the
public policy Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public ...
of ''
parens patriae ''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to ...
''. In the criminal law, each state will consider the nature of its own
society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soc ...
and the available evidence of the age at which antisocial behavior begins to manifest itself. Some societies will have qualities of indulgence toward the young and inexperienced and will not wish them to be exposed to the criminal law system before all other avenues of response have been exhausted. Hence, some states have a policy of ''
doli incapax Doli may refer to: * Doli (character), recurring character in Lloyd Alexander's fantasy series ''The Chronicles of Prydain'' * Doli (musical instrument), a type of drum * Doli, Croatia, a village near Dubrovnik, Croatia * Doli (vehicle), a type ...
'' and exclude liability for all acts and omissions that would otherwise have been criminal up to a specified age. Thereafter, there may be a
rebuttable presumption In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed inn ...
against the use of criminal sanctions except in more serious cases. Other states leave discretion to
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal ...
s to argue or the judges to rule on whether the child understood that what was being done was wrong. :The status of minor may also excuse liability in the civil law for
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
,
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...
and other legal situations during which liabilities would otherwise attach to the infant. Where there is only minimal understanding, transactions entered into will be void, i.e. the infant is excused. When understanding grows in line with age, the law switches from excuse to exculpation, and transactions may be voidable, i.e. the courts will judge, whether in the particular circumstances, it would be right to favor the interests of the child or the interests of the other party or parties involved in the transaction. Hence, it would not be appropriate to allow a child knowingly to deceive innocent retailers or service providers into supplying value, and then allow him or her to avoid liability to pay a reasonable sum of money for those goods or services. This is a balancing of political and commercial interests. *
Insanity defense The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the ...
, mental disorder defences and the M'Naghten Rules :If individuals are a danger to society and/or to themselves but not responsible through a lack of understanding, there is no point in
punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular act ...
(whether in the criminal or non-criminal sense). Punishment is only justified
morally Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of cond ...
if the person understands that what was done was wrong and accepts the judgment of society as part of the process of
expiation Propitiation is the act of appeasing or making well-disposed a deity, thus incurring divine favor or avoiding divine retribution. While some use the term interchangeably with expiation, others draw a sharp distinction between the two. The discuss ...
and rehabilitation. Hence, as with ''parens patriae'', the state accepts the person as being in need of care, and offers or requires medical treatment instead of subjecting such people to the stress of having to undergo a trial as to liability. * Settled insanity is defined as a permanent or "settled" condition caused by long-term
substance abuse Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, ...
and differs from the temporary state of intoxication. In some
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
jurisdictions "settled insanity" can be used as a basis for an
insanity defense The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the ...
, even though voluntary intoxication can not, if the "settled insanity" negates one of the required elements of the crime such as
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
. * Automatism :This criminal defense straddles the divide between excuse and exculpation. It works by showing that the defendant's mind was not in control of the body's movements at the relevant time and that this loss of control was not foreseeable. For example, a
diabetic Diabetes, also known as diabetes mellitus, is a group of metabolic disorders characterized by a high blood sugar level (hyperglycemia) over a prolonged period of time. Symptoms often include frequent urination, increased thirst and increased app ...
suffering a hypoglycaemic attack will not be liable for any loss or damage caused. To that extent, it borrows from the policy excuse favoring those who are suffering from a mental illness, but allows the full trial as to liability to proceed. For a detailed comparative law discussion, see automatism (case law). *Self-defense is, in general, some reasonable action taken in protection of self. An act taken in self-defense often is not a crime at all; no punishment will be imposed. To qualify, any defensive force must be proportionate to the threat. Use of a firearm in response to a non-lethal threat is a typical example of disproportionate force; however, such decisions are dependent on the situation and the applicable law, and thus the example situation can in some circumstances be defensible, generally because of a codified presumption intended to prevent the unjust negation of this defense by the trier of fact.


Exculpations

*
Duress Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
in criminal law and in
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
law :In this situation, the defendant has actually done everything to break the law and intended to do it to avoid some threatened or actual harm. Thus, some degree of liability already attaches to the defendant for what was done. In law, the usual rule is that the defendant's motive for breaking the law is irrelevant although, in the criminal law, this may reduce the sentence. The basis of the defense argues that the threats made by the other person make the defendant's entire behavior involuntary and therefore the liability should be reduced or removed. The extent to which this defense should be allowed, if at all, is a simple matter of public policy. A state may say that no threat should force a person deliberately to break the law, particularly if this breach will cause loss or damage to a third person. Alternatively, a state may take the view that even though people may have ordinary levels of courage, they may nevertheless be coerced into agreeing to break the law and this human weakness should have some recognition in the law. For example, suppose that a group of terrorists kidnap A's family and instruct A to carry a large bomb into a crowded area as the price for the release of their family. If A carries out these instructions, making no effort to contact the police or to warn those in the danger area, the issue of liability for death and injury resulting depends on the state's values. This is a legal as well as a political decision. In the civil law, duress is similarly only an exculpation, rendering contracts and other transactions voidable, and offering only minor mitigation in the calculation of the amount of any
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
payable. *
Mistake of fact A mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not ...
in criminal law and in mistake in contract law :The fundamental policy operating here is ''
ignorantia juris non excusat In law, (Latin for "ignorance of the law excuses not"),''Black's Law Dictionary'', 5th Edition, pg. 672 or ("ignorance of law excuses no one"),''Black's Law Dictionary'', 5th Edition, pg. 673 is a legal principle holding that a person who is un ...
'', i.e. the state cannot allow ignorance of the law to be a defense. This would unduly encourage the lazy and the deceitful to trade on their ignorance (real or otherwise). Thus, only mistakes relating to the factual basis of what is being attempted can form this defense and, in the majority of situations, it will only offer limited benefit to a defendant of ordinary capacity since the state owes no general duty to save citizens from the effects of their own ignorance or stupidity. Nevertheless, there may be limited circumstances in which people may honestly believe things that either prevent them from forming the requisite ''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'' or from reaching an ''
ad idem Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
'' agreement. *
Provocation Provocation, provoke or provoked may refer to: * Provocation (legal), a type of legal defense in court which claims the "victim" provoked the accused's actions * Agent provocateur An agent provocateur () is a person who commits, or who acts ...
:This is an example of a purely mitigatory defense in that, in the few situations when it is allowed to operate, it only reduces the level of criminal liability. In most legal systems, it cannot extinguish liability. It is a natural part of human nature that people get angry when they are provoked. But the state has a positive interest in maintaining good order and therefore, no matter what is done or said, people are not supposed to react violently or to cause loss or damage. Even though certain forms of physical contact or particular words might cause even reasonable people to become seriously annoyed, the state cannot sanction or justify retaliation. Thus, in most aspects of the law, any loss of control is taken to be an aggravating factor that, in the criminal law or the law of intentional torts, might well lead to an increase in sentencing, or the award of punitive or exemplary damages.


References

* Berman, Mitchell N., ''Justification and Excuse, Law and Morality'', (2003) Vol. 53, No.
Duke Law Journal
* Chin, Gabriel J., ''Unjustified: The Practical Irrelevance of the Justification/Excuse Distinction'', (2009)
University of Michigan , mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $10.3 billion (2021) , endowment = $17 billion (2021)As o ...
Journal of Law Refor
Social Science Research Network (SSRN)
* Fontaine, Reid G., ''Adequate (Non)Provocation and Heat of Passion as Excuse Not Justification'', (2009) University of Michigan Journal of Law Refor
Social Science Research Network (SSRN)
* Gorr, Michael & Harwood, Sterling, (eds.), ''Controversies in Criminal Law''. Boulder, CO: Westview Press, 1992. * Gorr, Michael & Harwood, Sterling, (eds.), ''Crime and Punishment: Philosophic Explorations''. Boston: Jones and Bartlett Publishers, 1995. * Hart, H.L.A ''Punishment and Responsibility: Essays in the Philosophy of Law''. Oxford:
Oxford University Press Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...
, 1968. * Kadish, ''Excusing Crime'', (1987) Vol. 75
California Law Review ''California Law Review'' (also referred to as ''CLR'') is the journal of the University of California, Berkeley, School of Law. It was established in 1912. The application process consists of an anonymous write-on competition, with grades playin ...
, 257. * Robinson, P. H. ''Criminal Law Defenses: A Systematic Analysis'', (1982) 82
Columbia Law Review The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who s ...
199. * Smith, J.C. ''Justification and Excuse in the Criminal Law'', (1989) Crim. LR 93. * Westen & Mangiafico, ''The Criminal Defense of Duress: A Justification, Not an Excuse - And Why It Matters'', (2003) Vol. 6 Buffalo Criminal Law Review, 833
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{{DEFAULTSORT:Excuse (Legal) Contract law Criminal defenses Criminal law legal terminology