When the actor's mental state or beliefs show that he should not be held accountable for the illegal act, excuse defenses are utilized. Insanity, impaired capacity, hardship, error, infancy, and entrapment are examples of excuse defenses.
What is one of the excuse defense categories?
Defenses can be classified as affirmative, imperfect, or perfect, denial or failure of proof, or both. Defenses can also be classified as being legal, factual, justification-based, or excuse-based. Last but not least, defenses may be established by a court (common law) or by a state or federal legislative body (statutory).
A justification defense that can be used when a defendant is coerced or threatened into committing a crime. In homicidal instances, some jurisdictions restrict the defense and some states permit it. What separates duress from necessity When the defendant claims she made a choice between the lesser of two evils, the necessity argument is invoked.
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