Name and define the two most important categories of true defenses.

What will be an ideal response?


The two most important categories of true defenses are justification and excuse. A defense based upon justification renders conduct lawful even if the conduct would otherwise constitute a violation of the criminal law. A defense is based upon excuse when an actor has violated a criminal statute but there is a reason for not holding him or her personally accountable. The excuse negates (takes away) the moral and legal culpability of the actor. Today, justified and excused actors are treated the same by the criminal justice system.

Criminal Justice

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Offense seriousness scores have nothing to do with sentencing

Indicate whether the statement is true or false

Criminal Justice

We have daily "terror alerts" that remind us to be vigilant for potential acts of terror

In the minds of most Americans, this translates to awareness of acts such as airplane hijackings and suicide bombings committed by "extremists" like those involved with 9/11 . In reality, however, prior to 9/11/2001, there had been "no successful acts of international terrorism perpetrated in the United States" for six years. Indicate whether the statement is true or false

Criminal Justice

Peace officers are immune from prosecution for using force to execute search warrants because of the public duty justification

Indicate whether the statement is true or false

Criminal Justice

In which of the following cases did the Court hold that due process requires that where a U.S. citizen is detained for allegedly fighting against the United States as an enemy combatant, that person should be given a meaningful opportunity to contest the factual basis for his detention before a neutral decision maker?

a. Hamdi v. Rumsfeld b. Katz v. United States c. Kyllo v. United States d. Rasul v. Bush

Criminal Justice