Justification in Criminology: An Analysis
1. Introduction: What is justification in criminology?
Justification in criminology refers to the act of trying to prove that someone is right. It entails the act of defense on any criminal offense prosecution. The party who offers justification is called the defendant. The aim of justification is to show that the defendant did not break the law or that their actions were justified. There are different types of justification, which will be discussed later in this paper.
2. Types of Justifications
There are three main types of justification: necessity, duress, and self-defense.
2. 1 Necessity
Necessity occurs when the defendant breaks the law to avoid a greater harm. For example, if someone is about to be harmed and the only way to stop it is to kill the attacker, then this would be classified as necessity. In order for necessity to be a valid defense, three conditions must be met:
-The harm caused by breaking the law must be lesser than the harm that would have been caused if the law was not broken
-There must be no other way to prevent the greater harm from happening
-The defendant must have reasonably believed that breaking the law was the only way to prevent the greater harm from happening
If these conditions are not met, then necessity will not be a valid defense.
2. 2 Duress
Duress occurs when the defendant commits a crime because they were threatened with force or violence. For example, if someone is forced to rob a bank at gunpoint, then this would be classified as duress. In order for duress to be a valid defense, three conditions must be met:
-The threat of force or violence must have been made against the defendant or someone close to them
-The threat must have been made in order for the defendant to commit a crime
-The defendant must have reasonably believed that carrying out the crime was the only way to avoid the threat of force or violence
Note that duress can only be used as a defense for crimes that involve violence or threats of violence; it cannot be used for property crimes.
2. 3 Self-defense
Self-defense occurs when the defendant uses force to protect themselves from an attacker. For example, if someone is being attacked and they use force to defend themselves, then this would be classified as self-defense. In order for self-defense to be a valid defense, three conditions must be met:
-The defendant must reasonably believe that they were in danger of being harmed
-The amount of force used by the defendant must be reasonable in relation to the amount of force used by the attacker
-The defendant must have no other way to escape from the danger besides using force
3. Analysis of Justifications
In this section, we will analyze three different aspects of justification: criminal capacity, judges, and juries.
3.1 Criminal Capacity
When determining whether or not a person has justification, one important factor that is considered is criminal capacity. This refers to whether or not the person had the mental ability to understand that their actions were wrong. For example, if someone is suffering from a mental illness and they commit a crime, then they may be found not guilty by reason of insanity. This is because they did not have the mental capacity to understand that their actions were wrong.
Criminal capacity can also be affected by drugs or alcohol. If someone is under the influence of drugs or alcohol and they commit a crime, then they may be found not guilty by reason of intoxication. This is because they did not have the mental capacity to understand that their actions were wrong.
3. 2 Judges
In most cases, it is the judge who decides whether or not the defendant has justification. They will consider all of the evidence and decide whether or not the defendant has a valid defense. If the judge decides that the defendant does have a valid defense, then they will find the defendant not guilty. However, if the judge decides that the defendant does not have a valid defense, then they will find the defendant guilty.
3. 3 Juries
In some cases, it is the jury who decides whether or not the defendant has justification. The jury will consider all of the evidence and decide whether or not the defendant has a valid defense. If the jury decides that the defendant does have a valid defense, then they will find the defendant not guilty. However, if the jury decides that the defendant does not have a valid defense, then they will find the defendant guilty.
4. Conclusion
Justification is a complex topic in criminology with many different factors to consider. In this paper, we have discussed what justification is, as well as three different types of justification: necessity, duress, and self-defense. We have also analyzed three different aspects of justification: criminal capacity, judges, and juries.