In jurisprudence , an excuse is a defense to criminal charges that is distinct from an exculpation.
Exculpation in a sentence
Justification and excuse are different defenses in a criminal case See Justification and excuse. 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 [ clarification needed ] , and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e. 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.
Translation of «exculpate» into 25 languages
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. The executive and legislative branches of modern states enact policy into laws which are then administered through the judicial system. Judges also have a residual discretion to excuse individuals from liability if it represents a just result.
When considering the consequences which are to be imposed on those involved in the activities forming the subject matter of the common law or legislation , governments and judges have a choice:. To be excused from liability means that although the defendant may have been a participant in the sequence of events leading to the prohibited outcome, no liability will attach to the particular defendant because they belong to a class of person exempted from liability.
What does EXCULPATION mean?
In some cases, this will be a policy of expediency. Hence, members of the armed forces , the police or other civil organizations may be granted a degree of immunity for causing prohibited outcomes while acting in the course of their official duties, e.
Others are excused by virtue of their status and capacity. Others may escape liability because the quality of their actions satisfied a general public good.
For example, the willingness to defend oneself and others, or property from injury may benefit society at large. The English law dictionary has already been launched and, when the foreign language content is launched, the World Law Dictionary will provide accurate and reliable translations into English of the essential legal terms in over a dozen languages. Unique and valuable notes produced by university scholars and experienced lawyers to help you understand and explain subtle differences between your legal concepts and their English equivalents.
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To see an example of a full dictionary entry click one of the example entries. Buy the Legal English Dictionary. The court of appeals reversed the district judge's full exculpation of the company and permitted the government to win.
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