Question

Justification defenses claim a kind of moral high ground. They may be offered by people who find themselves forced to choose between "two evils." Explain and discuss three justification defenses. Do you think that such defenses are appropriate?

Answer 1

• Justifications are sometimes differentiated from "excuses" in that they are often commendable, even though the act brings about harm.
• The justice system views justification defenses as important to society based upon the social value of the act (and the value in allowing members of society to be able to take such actions).
• There are, however, limitations to justification-defenses. The justification-type defenses covered are:-
• Self Defense-Self-defense is called an “affirmative defense." In essence, the defendant is admitting to the criminal conduct, but saying he or she was justified in taking some or all of the action(s) alleged. When it comes to self-defense, any force used must be limited to only what is necessary to avoid or defend against the threat.
• The threat does not necessarily have to be real. The law looks at whether a “reasonable person in the defendant’s position" would identify something as a threat.
• For example, a realistic but fake gun could very well lead a reasonable person (absent knowledge of the gun being fake), to believe it to be a real threat.
• Self-defense would not be a good defense to an assault and battery charge if too much force was used. Also, you must have reasonably been in fear of serious bodily harm.
• If you are charged with assault and battery but your actions resulted from being in fear for your life, or if you thought you would be seriously harmed unless you took a defensive action, then self-defense may be an affirmative defense that your lawyer can explain in more detail.
• Resisting Unlawful Arrest-It is possible for an assault and battery charge resulting from a resistance to an unlawful arrest to be defended based upon this right.
• Parental Discipline-Parents have been disciplining children since the beginning of mankind. But this does not mean limits do not exist. It is not an assault and battery if a parent punishes a child with moderation, but it must be for the welfare of the child. Exceeding due moderation can lead to a criminal charge.