Title

A System of Excuses: How Criminal Law’s Excuse Defenses Do, and Don’t, Work Together to Exculpate Blameless (And Only Blameless) Offenders

Document Type

Article

Comments

42 Tex. Tech. L. Rev. 259 (2009).

Abstract

Criminal law excuses are analyzed as a group of analogous doctrines working together to exculpate blameless offenders. The analysis reveals that current law doctrine, although it often is not explicit about the parallel and integrated operation of its excuse defenses, does much to perform this exculpatory function. However, the systematic perspective of excuses also reveals some serious shortcomings of current doctrines.

Date of Authorship for this Version

2009

Keywords

Criminal law excuses, duress, insanity, mental illness, mistake, intoxication, immaturity, impaired consciousness, involuntary act, hypnosis