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Justification (jurisprudence)

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Justification in jurisprudence is not the same as an excuse. A justification sets forth an exception to the prohibition of committing certain offenses. For example, to intentionally commit a homicide would be considered murder. However, it is not considered a crime if committed in self-defense. In contrast, an excuse (legal) is a defense that recognizes a crime was committed, but that for the defendant, although committing a socially undesirable crime, conviction and punishment would be morally inappropriate because of a personal inadequacy, such as mental defect, lack of mental capacity, sufficient age, intense fear of death, lacked the ability to control his conduct.[1]

Notes

  1. ^ Richard M., Bonnie (1997). Criminal Law. Westbury, NY: The Foundation Press. p. 324. ISBN 1-56662-448-7. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)