CRIMINAL DEFENSES

Sample Solution

Justification A justification is a defense that allows a person to be excused from criminal liability because their actions were morally right. For example, if someone kills someone in self-defense, they may be justified in doing so because they were acting to protect themselves from harm. Excuse An excuse is a defense that allows a person to be excused from criminal liability because they were not in control of their actions. For example, if someone is insane at the time of the crime, they may be excused from criminal liability because they were not capable of understanding the wrongfulness of their actions. Legal Differences The legal differences between a justification and an excuse are as follows:

• Justifications are based on the idea that the defendant's actions were morally right, while excuses are based on the idea that the defendant was not in control of their actions.
• Justifications are typically more difficult to prove than excuses, because the defendant must show that their actions were actually morally right.
• Justifications can result in a complete acquittal, while excuses typically result in a lesser sentence, such as probation or mental health treatment.

Practical Differences The practical differences between a justification and an excuse are as follows:

• Justifications are more likely to be successful if the defendant can show that their actions were necessary to protect themselves or others from harm.
• Excuses are more likely to be successful if the defendant can show that they were suffering from a mental illness or defect that made them unable to control their actions.
• Justifications are typically more difficult to prove than excuses, because the defendant must show that their actions were actually morally right.

Insanity Plea An insanity plea is a legal defense that allows a person to be excused from criminal liability because they were insane at the time of the crime. In order to be successful, the defendant must show that they:

• Were suffering from a mental illness or defect
• That the mental illness or defect prevented them from understanding the wrongfulness of their actions
• That the mental illness or defect prevented them from controlling their actions

The insanity plea is a complex legal defense, and the requirements vary from state to state. In general, however, the defendant must show that they were unable to understand the wrongfulness of their actions or unable to control their actions due to a mental illness or defect. Case Example One famous case in which the insanity plea was successful was the case of John Hinckley Jr. Hinckley was accused of attempting to assassinate President Ronald Reagan in 1981. He was found not guilty by reason of insanity, and was committed to a mental institution. The insanity plea was successful in Hinckley's case because he was able to show that he was suffering from a mental illness, paranoid schizophrenia, that prevented him from understanding the wrongfulness of his actions. He also showed that he was unable to control his actions due to his mental illness. Requisites Behind the Decision The decision to accept an insanity plea is made by the jury. The jury must decide whether the defendant was able to understand the wrongfulness of their actions and whether they were able to control their actions. If the jury finds that the defendant was not able to understand the wrongfulness of their actions or was not able to control their actions, they will find the defendant not guilty by reason of insanity. The insanity plea is a controversial legal defense, and there is debate about whether it should be allowed. Some people argue that the insanity plea is a way for criminals to escape punishment, while others argue that it is a necessary defense for people who are truly insane. Ultimately, the decision of whether or not to accept an insanity plea is a complex one that must be made on a case-by-case basis.