Causing the Conditions of One's Defense: A Theoretical Non-Problem

Criminal Law and Philosophy (Forthcoming)

San Diego Legal Studies Paper No. 12-086

11 Pages Posted: 25 Apr 2012  

Larry Alexander

University of San Diego School of Law

Date Written: April, 25 2012

Abstract

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

Alexander, Larry, Causing the Conditions of One's Defense: A Theoretical Non-Problem (April, 25 2012). Criminal Law and Philosophy (Forthcoming); San Diego Legal Studies Paper No. 12-086. Available at SSRN: https://ssrn.com/abstract=2046208

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)

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