Excusing And The New Excuse Defense Analysis

Decent Essays
Source IV: Morse, Stephen J. “Excusing and the New Excuse Defenses: A Legal and Conceptual Review.” Crime and Justice, vol. 23, 1998, pp. 329–406.
In his article author, Morse considers many of the leading explanations of the excuses he believes people often claim in an attempt to get out of trouble or liability. Morse argues that these excuses are misleading and are not suitable to justify self-defense. Criminal law excuses are unstable as they are too narrow and unresponsive to evolving biological and social scientific understandings of human behavior. Morse explains that this is why courts cannot yet claim a distinct defense or opposition to these syndromes and excuses taken on by the defendants. The author looks into excuse of self-defense

Related Documents

  • Improved Essays

    The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Direct Victim Case Study

    • 473 Words
    • 2 Pages

    Direct Victim: The direct victim in the case study is a factory manager who explains that he was shocked and horrified by the mess and damage from the crime. His financial losses were not only the cost of the damages, but also the loss of making money the entire day as the day was spent cleaning up the mess (Crosland, P., & Liebmann, M. 2003). Although the financial needs of the direct victim were not met because the offenders were young children and could not repay it; according to the victim motives for participation in our textbook, the victim’s emotional needs seem to have been met. Some of the needs that were met are holding the offender accountable (the offender took full responsibility for his part in the crime), learning…

    • 473 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Sebo Case Essay

    • 533 Words
    • 3 Pages

    Many cases that relate to the defence shows that the provocation was due to relationship issues and extramarital affairs. Violent men and women misuse and take advantage of this excuse, as today in society, it seems more effortless to blame another than to taken responsibility and admit that they were in the wrong. One case in particular, which is a clear example, is the Sebo case which involved a 28-year-old named Damien Sebo, who was found guilty of manslaughter of a 16-year-old girl, Taryn Hunt. The two had been a couple for over 20 months however, they had hashed-out many arguments in the past. The accused claimed that the 16-year-old girl had mocked him about his performance and threated that she would continue to see other guys which later provoked him to attack with a steering lock one night after heading home from a night club.…

    • 533 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Societal values, norms and mores have always been an influencing factor when defining crime and deviancy. However, the definitions of certain crimes have stayed more or less constant. For example, murder has always been considered unlawful and wrong but in the late 20th century, certain types of murder that were once considered justifiable, gained inexcusable status. The question is why? What had changed?…

    • 1167 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    2) Anderson, Barrie “Chapter 9: The Case of William Mullins-Johnson” in Manufacturing Guilt: Wrongful Convictions in Canada. 2nd Edition, pp. 137-157. © 2009 Fernwood Publishing Co. Ltd..…

    • 1021 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Explain How an Author Builds an Argument EOC Practice Evaluate the arguments for and against the punishment prescribed in the Michael Fay case as they are presented in the editorial and the article. Assess the validity of the arguments and identify the one that, in your opinion, has the most relevant and sufficient evidence to support it. Be sure to: Start with a statement that identifies the argument you will discuss, including the title and author of the passage. Then state your claim about how the author builds his or her argument to persuade the audience--thesis.…

    • 598 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    1. Although criminal justice requires the correct label to be attached to the defendant’s misconduct, the wide scope of behaviour covered by the Homicide Act 1957 often results in the unfair, and thus harsh, labelling of offenders. This essay will sought to prove that the law of homicide is often too harsh in its assignation of labels to those who cause the death of others, by concentrating on the examples of murder with oblique intent, involuntary manslaughter and the partial defence of infanticide. It will conclude by determining the extent to which the existing law assigns the correct labels to those who commit a homicide, and whether there is thus a need for reform within the law.…

    • 1445 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Nfl Pros And Cons

    • 1579 Words
    • 7 Pages

    Can you imagine a world where people are jailed before they are put on trial? That is the NFL. Many athletes have been jailed and fired from their job for domestic abuse before they are even found guilty. There are a lot of phases in domestic abuse, including the act itself, speaking out when you or someone else has been abused, invasion of personal life when this information comes out, and how you handle it after it happens. The punishment is brought to a discussion by the court whether the culprit is innocent or guilty, not by the NFL itself.…

    • 1579 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his flashlight was able to observe that the suspect was a minor and of slender statue (observing his hands and face) posing no threat to him or others.…

    • 606 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Case Of Kenneth Parks

    • 1357 Words
    • 5 Pages

    In the early morning hours of May 23rd, 1987, a man assaulted and murdered two people, but unlike any other ordinary cases, he managed to do so while ‘asleep’. Kenneth Parks, a 23-year-old man living in Toronto, drove approximately 23 km to his in-laws’ home (in the condition of sleepwalking).1 He then broke into the house and seriously injured his father in-law, Dennis Woods, attempting to strangle him to death and murdered his mother in-law, Barbara Woods, using a tire iron and a kitchen knife.2 In conclusion of the case, on May 28th, 1998, with his defence being successful, the jury made a verdict of not guilty and Parks was acquitted of his crimes (The Supreme Court of Canada confirmed the acquittal in 1992).1 There were strong, supportive…

    • 1357 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Rough Justice “God help us, if ever in this great country we turn our heads while people who have not had fair trials are executed” (Grisham 216). The Innocent Man, by John Grisham, is a nonfiction novel explaining the false conviction of Ron Williamson and Dennis Fritz. In the small town of Ada, Oklahoma, a waitress named Debra S. Carter was violently raped and murdered. The people of Ada were enraged and a one-sided investigation took place. Local police coerced Ron Williamson into confessing false statements by using Williamson’s bipolar disorder to their advantage.…

    • 2310 Words
    • 10 Pages
    Great Essays
  • Brilliant Essays

    The concept of justified killing is most commonly encountered in the concepts of self-defense, war and capital punishment, all of which seem somewhat extreme cases to compare to…

    • 1880 Words
    • 8 Pages
    • 1 Works Cited
    Brilliant Essays
  • Superior Essays

    In this essay I will reflect on the few assumptions and understandings I had about crime and see how they have changed. Upon arriving at De Montfort University to study Criminology and Criminal Justice, I had average knowledge about crime and punishment i.e. insight into biological and psychological perspectives of crime having studied A-level Law and Psychology beforehand. However I did expect to delve so deep into the history and other aspects of Criminology during this first semester. During A-level Law I have read many case studies of murder, manslaughter, GBH, rape etc. I found the main reasons behind committing these crimes were usually motives for revenge, loss of control, hate, rage, and biological inheritance of 'criminal genes ' such as Monoamine oxidase A which makes individuals more prone to exert violence.…

    • 1262 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Self-defence On the 4th of April, 2016, a matter was heard in the Supreme Court regarding Nicolas Blyton and the co-accused, Tim Cairns, charged with the murder of Blyton’s father. The key legal issue that was addressed during the trial was the commonly invoked ground for the use of defensive force, self-defence. The relevant provisions of the Criminal Code 1899 (QLD) (‘The Code’) establishes a defence of self-defence covering the relevant circumstances in which the use of force can be used. In regards to the case at hand, s271 stipulates the use of self-defence against an unprovoked assault.…

    • 1530 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    Summary Criminology studies the reasoning and factors as to why individuals engage in criminal activities. In classical criminology, social philosophers Cesare Beccaria and Jeremy Bentham developed a theory of crime that criminologist and theorist still use today (Akers 2017). In classical criminology, an individual commits a crime by making a rational decision. That decision is based off of whether the benefits that one might receive by offending outweighs the consequences such as being caught and cited or sentenced. Individuals base their decision to offend or not offend on what they have seen others suffer, their knowledge of what consequences they may endure and their own personal experiences.…

    • 1142 Words
    • 5 Pages
    Superior Essays