Also known as: excuse defense · excuses · excuse
Written by attorneys · grounded in primary & secondary sources — see below
A criminal defense doctrine that concedes the actor's conduct was wrongful but relieves liability because the actor reasonably believed justifying circumstances existed when in fact they did not.
Diego Duarte was charged with assault after shooting at what he believed was an armed intruder. He raised the defense of excuse, conceding the shooting was wrongful but claiming he reasonably believed the victim posed an imminent threat. The jury accepted the excuse because the belief, though mistaken, was reasonable from Duarte's perspective.
Derek Douglas killed his neighbor during an argument. Douglas presented evidence that he acted under extreme mental or emotional disturbance arising from a false belief that the neighbor had threatened his family. The jury evaluated the reasonableness of that belief from Douglas's perspective and reduced the charge to manslaughter.
Select any source to read its text and confirm it supports the definition.
Darius Dixon shot and killed an intruder he believed was armed. Dixon conceded the killing was otherwise criminal but raised the defense of excuse, claiming his reasonable though mistaken belief that the intruder posed a deadly threat. The jury accepted the excuse and acquitted on murder.
During a federal criminal trial the defendant raised a defense of excuse after shooting a person he reasonably but mistakenly believed was about to attack him. The jury evaluated the belief from the defendant's perspective and acquitted because the excuse negated culpability.
Deanna Davenport was prosecuted for homicide after killing a person she reasonably believed was about to kill her child. She raised the defense of excuse. The jury found the belief reasonable from her viewpoint and acquitted even though the justifying facts did not exist.
Delilah Duran killed her uncle after reasonably believing he was about to murder her. She asserted the defense of excuse. Because the belief was reasonable from her perspective the killing was excused and she was permitted to inherit.
A defense of excuse concedes that the conduct remains criminal but relieves liability because the actor reasonably believed justifying facts existed. A justification defense makes the conduct lawful from the outset because the actual circumstances rendered it proper.
Supporting sources
The defendant must prove the homicide was committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse judged from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be.
No. The rule permits a civil determination by a preponderance of the evidence that the person is responsible for the felonious and intentional killing without legal excuse or justification.
…only when the guilt of the subject appears highly probable."[^maj-14] The manuals suggest that the suspect be offered legal excuses for his actions in order to obtain an initial admission of guilt. Where there is a suspected revenge-killing, for example, the interrogator may say: "Joe, you probably didn't go out…