Also known as: legal excuses · excuse
Written by attorneys — see sources below.
A justification or valid reason recognized by law that relieves a person from criminal or civil liability or from performance of a duty or obligation. The reasonableness of the explanation or excuse is assessed from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be.
Lucas Lee shot and killed his longtime rival after the rival taunted him about the recent death of Lee's child. At trial the jury found that Lee acted under the influence of extreme mental or emotional disturbance. Because a reasonable explanation or excuse existed from the viewpoint of a person in Lee's situation under the circumstances as he believed them to be, the homicide that would otherwise have been murder was reduced to manslaughter.
Lola Langley was selected for grand jury service but developed a sudden medical emergency requiring hospitalization. The court found good cause and excused her either temporarily or permanently. An alternate juror was impaneled in her place so the grand jury could continue its work without delay.
Lucia Lopez shot and killed an armed intruder who had broken into her home and threatened her family. Because the killing occurred with legal excuse and justification, Lopez was not treated as a slayer and retained her right to inherit under the decedent's will.
Levi Lowe faced an attacker who lunged at him with a knife. Lowe used a level of force that a reasonable person in his position would realize was likely to cause serious bodily harm. The privilege of self-defense applied because the threatened harm met the threshold of gravity required to justify that level of response.
Logan Lane served on a criminal jury that had already begun deliberations when she suffered a family emergency. The court found it necessary to excuse her for good cause. The remaining eleven jurors were permitted to return a verdict even without a stipulation by the parties.
Liam Larson was suspected of a revenge killing. During interrogation the officer suggested that Larson had carried a gun only for protection and had not gone out looking to shoot the victim. By offering this legal excuse the interrogator sought to induce an initial admission of guilt without using coercion.
In March 1963 Ernesto Miranda was arrested at his home in Phoenix and taken to the police station where he was identified by the complaining witness. He was then questioned by two officers in Interrogation Room No. 2 for two hours. The officers did not advise him of any right to counsel. Miranda signed a typed confession that was introduced at his trial for kidnapping and rape. On October 14 1960 Michael Vignera was arrested in connection with a Brooklyn robbery. He was taken first to the 17th Detective Squad headquarters in Manhattan and later to the 66th Detective Squad. A detective questioned him for several hours without any advice concerning counsel. Vignera made an oral admission. He was then questioned by an assistant district attorney whose transcribed statement was also introduced at his trial for first-degree robbery. On March 20 1963 Carl Calvin Westover was arrested by Kansas City police as a suspect in two local robberies. Kansas City police interrogated Westover on the night of his arrest. The next day local officers interrogated him again throughout the morning. Westover was then turned over to FBI agents who questioned him for two to two-and-a-half hours about California robberies and obtained signed confessions. At the time the FBI agents began questioning Westover he had been in custody for over fourteen hours. On January 31 1963 Roy Allen Stewart was arrested at his home in connection with a series of purse-snatch robberies. During the next five days police interrogated Stewart on nine different occasions without any advice of rights. On the ninth session Stewart confessed. Transcripts of the interrogations were introduced at his trial for kidnapping rape and murder. The Arizona Supreme Court affirmed Miranda's conviction. The New York courts affirmed Vignera's conviction. The Ninth Circuit affirmed Westover's conviction. The California Supreme Court reversed Stewart's conviction. The Supreme Court granted certiorari in the four cases and consolidated them for argument.
View caseA homicide that would otherwise be murder is reduced to manslaughter when committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of the explanation or excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be.
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At any time the court may excuse a juror either temporarily or permanently for good cause. If the excusal occurs after the trial begins, the court may impanel an alternate or, after deliberations have started, permit the remaining eleven jurors to return a verdict.
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A person who without legal excuse or justification is responsible for the felonious and intentional killing of another is denied any right to benefit from the wrong under the slayer rule.
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…be used only when the guilt of the subject appears highly probable." 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…