Explain three legal excuses and three justifications for crime and provide an example of each
What will be an ideal response?
Excuse defenses include the following:
Ignorance/mistake when an individual was unaware of the fact that their behavior was a crime.
Insanity when the defendant's state of mind negates criminal responsibility.
Intoxication when alcohol/drug use was involuntary.
Age when the individual was below the age set by statute.
Justification defenses include the following:
Consent—no crime occurs if there was consent; except in cases such as statutory rape where young people are not capable of providing consent.
Self-defense where danger of death or great harm is used to negate one's actions.
Stand your ground that permits use of force in a variety of circumstances.
Entrapment that allows a claim of justification due to law enforcement using traps.
Duress is when a defendant is forced to commit a crime to prevent death/harm of self/others.
Necessity is when a reasonable person would have engaged in this crime under similar circumstances.
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a. proportionality b. minimization c. seemliness d. intention
Describe how you think Beccaria would react to our current criminal justice system’s high incarceration, use of the death penalty, incarceration of mentally ill, and racial and social class disparities.
What will be an ideal response?