Excuse (legal) in the context of "Culpability"

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⭐ Core Definition: Excuse (legal)

In jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse). Exculpation is a related concept which reduces or extinguishes a person's culpability, such as their liability to pay compensation to the victim of a tort in the civil law.

The excuse provides a mitigating factor for a group of persons sharing a common characteristic. Justification, as in justifiable homicide, vindicates or shows the justice. Thus, society approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or suffering from a mental illness. Thus, a justification describes the quality of the act, whereas an excuse relates to the status or capacity (or lack of it) in the accused. These factors can affect the resulting judgment which may be an acquittal, or in the case of a conviction may mitigate sentencing. An excuse may also be something that a person or persons use to explain any criticism or comments based on the outcome of any specific event.

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Excuse (legal) in the context of Murder

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

Most societies consider murder to be an extremely serious crime, and thus believe that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally receives a long-term prison sentence, a life sentence, or capital punishment. Some countries, states, and territories, including the United Kingdom and other countries with English-derived common law, mandate life imprisonment for murder, whether it is subdivided into first-degree murder or otherwise.

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Excuse (legal) in the context of Use of force

The use of force, in the context of law enforcement, may be defined as "the amount of effort required by police to compel compliance by an unwilling subject." Multiple definitions exist according to context and purpose. In practical terms, use of force amounts to any combination of threatened or actual force used for a lawful purpose, e.g. to effect arrest; defend oneself or another person; or to interrupt a crime in progress or prevent an imminent crime. Depending on the jurisdiction, legal rights of this nature might be recognized to varying degrees for both police officers and non-sworn individuals; and may be accessible regardless of citizenship. Canada's Criminal Code, for example, provides in section 494 for arrest in certain circumstances by "any one."

Use of force doctrines can be employed by law enforcement officers and military personnel, who are on guard duty. The aim of such doctrines is to balance the needs of security with ethical concerns for the rights and well-being of intruders or suspects. Injuries to civilians tend to focus attention on self-defense as a justification and in the event of death, the notion of justifiable homicide. Sir Robert Peel has stated: “Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.”

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