Excuses
Excuse Defenses: ∆ committed a wrongful act, but for reasons that exempt ∆ personally from blame. The act is not approved—the actor is.
Categories
- Insanity — at the time of the act, ∆ was unable to appreciate the wrongfulness of conduct or conform to the law due to mental disease or defect.
- Infancy — children below a certain age are presumed incapable of forming criminal mens rea.
- Duress — ∆ was coerced by an imminent threat of death or serious bodily harm to commit the offense.
- (Involuntary intoxication and certain mistake-of-law claims are also excuses.)
Distinguished from Justifications
| Justifications | Excuses |
|---|---|
| The act is correct | The actor is not blameworthy |
| Society approves the conduct | Society does not approve the conduct, but does not punish this actor |
| Self-defense, necessity, defense of dwelling | Insanity, infancy, duress |
Cases
- U.S. v. Contento-Pachon, 723 F.2d 691 (9th Cir. 1984) — duress.
- M'Naughten's Case, 8 Eng. Rep. 718 (H.L. 1843) — classic insanity test.
- In re Devon T., 584 A.2d 1287 (Md. Ct. Spec. App. 1991) — infancy.