Is There Really a Difference between Justification and Excuse or Did We Academics Make it Up?

42 Tex. Tech. L. Rev. 321 (2009)

6 Pages Posted: 3 Nov 2012

Date Written: 2009

Abstract

This article postulates that there is a notable distinction between a justification and an excuse. Justification and excuses are both theories of exculpation, but provide distinguishable grounds for withholding punishment. The main distinction resting in the fact that an excuse centers on the culpability of the actor, whereas, a justification focuses on the wrongfulness of the act.

Keywords: criminal law, justification, excuse

Suggested Citation

Malone, Linda A., Is There Really a Difference between Justification and Excuse or Did We Academics Make it Up? (2009). 42 Tex. Tech. L. Rev. 321 (2009). Available at SSRN: https://ssrn.com/abstract=2168309

Linda A. Malone (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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