what is a justification defense and what is an excuse?  Discuss the difference between the two.

Then choose two justification defenses to discuss.  Tell us what the defendant must show in order to prove that defense.  Then give us a factual example of the two defenses you chose. 

POST 1

Collapse SubdiscussionWala MarookiWala Marooki1:03amMay 13 at 1:03amManage Discussion Entry                                                                                          Justification and Excuses            Justification is an element that is used when an individual makes a fast decision to a self -defense or when a police officer makes a legal action towards a criminal. As for excuse is defined as when the defendant intended to criminal act towards an individual such as “infancy or insanity.” The differences between Justification defense and an excuse are similar to each other for instance, “justification and excuses are both affirmative defense” However, justification is more like a fast decision make such as self-defense or necessity. As for excuse defense is like insanity or infancy. According to the text book stats that insanity or infancy “the defenses acts that deserve condemnation in which they will not be held criminally liable due to personal disability such as infancy or insanity” (P. 197). Furthermore, the two justification defenses I have chosen is “use of Force in Self-Protection” According to MODEL PENAL CODE Section 3.04 use of force is an individual is under a circumstance of being in danger or serious bodily injury. As for another justification defense would be NECESSITY is when an individual makes decision when a group of people are in danger of being under a pressure to make decision in order to save others. The defendant in this case must show prove or evidence to the attorney or the court as why he/she did such thing. For example, when an individual is walking down the street alone, later a strange individual comes and attacks the other person from the back therefore, the individual #1 makes decision to use “Self-Defense” to save his/her life from death. Another example from justification defense would be when group of people when ziplining later under some circumstances the zipline tears off, so individual who’s on the top let go of the last individual in order to save the rest of the group. ReplyReply to Comment

POST 2

Collapse SubdiscussionAbas Al ShaikhliAbas Al Shaikhli (He/Him)YesterdayMay 12 at 9:14pmManage Discussion EntryJustification defense: focuses on the crime committed and not the defendant and tried to make the crime committed seem like it’s not a crime due to the circumstances and the public’s view of the action taken. Excuse defenses: focuses more on the defendant and his sanity or his mental state and not the crime committed, most people that try to use excuse defense know that they committed a crime but try to use the excuse of being insane or disabled to be found not guilty. The difference is that justification defense focuses more on the crime but excuse defense focuses more on the defendant.justification defense can include self defense like a person getting attacked in their home and is forced to use a gun to kill the person, the defendant must prove that he/her had no option but to use a weapon and that it was in the purpose of self defense . justification defense also can include trying to prevent a crime like a bank robbery is happening and the defendant kills the robber in order to stop the robbery, The defendant must prove that the crime was commited in order to prevent a crime or for a good reason. Reply