- Published: September 15, 2022
- Updated: September 15, 2022
- University / College: The University of Western Australia
- Language: English
- Downloads: 10
Justifications and Excuses
Justifications are statements explaining some actions or belief. These statements make something to be comprehensible by the way they describe relevant structure or operations. The aim of justification is to show that an action is reasonable or necessary (Amy & Herdman, 2009). Excuses are explanations, which are offered to justify or to obtain forgiveness. They do not claim the conduct, which is in question to be justified. However, excuses suggest that the perpetrator, at the time of the act was suffering under some circumstances. This is aimed at making the actor not to be legally responsible for his or her actions.
Individuals have an inherent right to protect themselves and to defend one from unlawful attacks, largely known as self-defence. The use of force towards another person in an act of self-defence is acceptable when the perpetrator believes that such force is immediately necessary for protecting himself or herself against unlawful use of force by the other party (Amy & Herdman, 2009). The highest degree of force can be used but only in countering an immediate threat of death or strong body harm. Resistance to unlawful arrest will be further considered justifiable.
Justification might serve as defence where there was use of force to defend other individuals who are in imminent danger or appear to be in imminent danger. An owner of a property can also justify the use of reasonable non-deadly force in preventing others from unlawfully taking or damaging his or her property. However, as a rule, preservation of human life normally outweighs the protection of property. Use of deadly force is normally justifiable, but only if the perpetrator of an illegal act intended to commit, or was in the act of performing a violent act against another individual (Amy & Herdman, 2009).
Reference
Amy, M. & Herdman A. (2009). Affirmative action decisions when ignorance is bliss. Equal
Opportunities International, 415 – 431