which of the following is not considered an excuse defense? course hero

Which of the following is an excuse defense?

Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.

Which of the following is a reason for excuse defenses quizlet?

Duress, Intoxication, Entrapment, Age (too young), Insanity, and Creative excuses. An excuse defense applicable when the defendant is forced to commit a crime by threat or force. Some states forbid the excuse in homicidal cases and some allow it.

What are the defenses of justification and excuse called?

An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. An affirmative defense is based on excuse when it claims that the criminal defendant should be excused for his or her conduct.

What defenses might be raised by criminal defendants to avoid liability for criminal acts?

In certain situations, an action that would otherwise be deemed a crime may be lawful. Among the defenses the accused can raise to avoid criminal responsibility are self-defense, necessity, intoxication, duress, mistake of law or fact, and mental incompetency.

What is the paradox of excuse defenses quizlet?

Terms in this set (20) What is the paradox of excuse defenses? While they are essential, they are also controversial. Since Clara's illegal actions were caused by factors beyond her control, there is a lack of causation.

Which is an excuse defense applicable when the defendant is forced to commit a crime by threat or force?

While duress is not a justification for committing a crime, it can serve as an excuse when a defendant committed a crime because they were facing the threat or use of physical force. The defense must establish that a reasonable person in the defendant's position also would have committed the crime.

What are the 4 defenses?

In criminal cases, there are usually four primary defenses used: innocence, self-defense, insanity, and constitutional violations. Each of these has their uses, and not all cases can use these defense strategies.

What are the 5 defenses for justification?

If those circumstances fit into one of the five types of justification defenses, it can positively affect the outcome of your case. The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.

Is age an excuse defense?

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 defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility.

What are the 5 defenses?

Five Common Criminal DefensesAlibi Defense. The alibi defense consists of presenting evidence that the defendant was elsewhere at the time the crime was committed. ... Self-Defense. Self-defense was the key question raised in the recent George Zimmerman case. ... Insanity Defense. ... Entrapment Defense. ... “Under The Influence” Defense.

What are the 5 defenses to criminal conduct?

5 Important Defenses in Criminal CasesSelf-defense. Self-defense is used primarily in assault or homicide charges. ... Lack of intent. In every felony criminal case, the government must prove that the defendant intended to commit the alleged crime- that it was not a mistake or happenstance. ... Entrapment. ... Duress. ... Mistake.

Is excuse an affirmative defense?

An Affirmative Defense limits, excuses or voids a defendant's criminal or civil liability. An Affirmative Defense can be valid, even if the allegations against the defendant are admitted or proven. In criminal law, Affirmative Defenses can be broadly categorized as excuse or justification defenses.

Is a defense by excuse proving the accused couldn't control their actions?

Duress. If you commit a crime because you reasonably believe your life is in immediate danger, California law excuses your criminal conduct. “Duress” excuses criminal culpability when you only commit the crime because another person's threats or menacing actions compel you to do so.

What are the conditions needed for the successful use of the defense of duress?

The defense of duress typically has these elements: There is an immediate threat of death or serious bodily injury to the actor. The actor has a well-grounded fear that someone will carry out the threat. The actor has no reasonable opportunity for escape, except by committing the unlawful act.

Which type of defense involves the defendant admitting wrongdoing and the defense attorney?

With an exculpation defense, the accused admits wrongdoing but argues he or she should be freed from culpability or assessed reduced liability (in civil cases) for the crime due to mitigating circumstances surrounding the offense.

What do the general rules or laws of self defense allow?

As a general rule, self-defense only justifies the use of force when it is used in response to an immediate threat. The threat can be verbal, as long as it puts the intended victim in an immediate fear of physical harm.