ABSTRACT
In this chapter, most of the common defenses claimed by defendants who are accused of crime are considered. They include incapacity to commit crimes due to infancy or mental impairment, duress or compulsion, necessity, defense of self or others, entrapment, ignorance or mistake, statute of limitation defenses, and others. Historically, there was a difference between excuses and justifications in that under common law one’s property could be confiscated even if an excuse (such as insanity or duress) was used to escape criminal punishment; justifications, on the other hand, basically say, “I did it and I had a right to do what I did.” Justifications include self-defense and necessity. Today, there is little difference between the effects of excuses and justifications, and, thus, the following discussion does not distinguish them.
