Causing the Conditions of One's Defense: A Theoretical Non-Problem
Criminal Law and Philosophy (Forthcoming)
11 Pages Posted: 25 Apr 2012
Date Written: April, 25 2012
My contribution to this symposium is short and negative: There are no theoretical problems that attach to one’s causing the conditions that permit him to claim a defense to some otherwise criminal act. If one assesses the culpability of an actor at each of the various times he acts in a course of conduct, then it is obvious that he can be nonculpable at T2 but culpable at T1, and that a nonculpable act at T2 has no bearing on whether an actor was culpable at T1 when he caused the circumstances that are exculpatory with respect to his act (or conduct) at T2. Moreover, as I interpret the Model Penal Code, it gets matters close to right on this point.
Keywords: provocation, self-defense, justification
JEL Classification: K10
Suggested Citation: Suggested Citation