NCJ Number
27850
Journal
Columbia Law Review Volume: 75 Issue: 5 Dated: (JUNE 1975) Pages: 914-962
Date Published
1975
Length
49 pages
Annotation
A DISCUSSION OF THE PRIMARY THEMES THAT HAVE INFLUENCED THE DEVELOPMENT OF STANDARDS OF JUSTIFIABLE CONDUCT, WITH CONSIDERATION OF SOME OF THE FACTORS THAT HAVE ARISEN CONSISTENTLY IN DEFENSES RELATING TO THE USE OF FORCE.
Abstract
JUSTIFICATION ASSUMES THE INAPPLICABILITY OF NORMAL LEGAL RULES UNDER AN EXCEPTIONAL SET OF CIRCUMSTANCES. THE LEGAL DISTINCTION BETWEEN JUSTIFICATION AND 'EXCUSE', AND THE FUNCTION OF 'BELIEF' IN DISTINGUISHING THE TWO IS EXPLORED. THE MODEL PENAL CODE IS SEEN AS HELPING TO AVOID CONFUSION BETWEEN THE TWO BY ELUCIDATING REASONABLE STANDARDS OF CONDUCT, AND SPECIFYING CIRCUMSTANCES WHICH PERMIT EXCEPTIONAL ACTS. THE AUTHOR BELIEVES THAT A PRIMARY VIRTUE OF THE CODE RELATES TO ITS USEFULNESS IN CRIMINAL DEFENSES INVOLVING THE USE OF FORCE. IT IS CONSISTENT IN ITS TREATMENT OF THE ISSUES OF THE CLASS OF CLAIMANTS, THE USE OF DEADLY FORCE, AND THE LIMITS ON RESORT TO FORCE IN THE FORMULATION OF DEFENSES DESPITE THE DIFFERENCES IN THE VALUES SOUGHT TO BE PROTECTED. AS SUCH, IT IS A VALUABLE MODEL FOR STATUTORY REFORM. (AUTHOR ABSTRACT MODIFIED)