A System of Excuses: How Criminal Law’s Excuse Defenses Do, and Don’t, Work Together to Exculpate Blameless (and Only Blameless) Offenders

Texas Tech Law Review, Vol. 42, p. 259, 2009

U of Penn Law School, Public Law Research Paper No. 09-31

14 Pages Posted: 22 Oct 2009 Last revised: 2 Apr 2010

See all articles by Paul H. Robinson

Paul H. Robinson

University of Pennsylvania Carey Law School

Abstract

Criminal law excuses are analyzed as a group of analogous doctrines working together to exculpate blameless offenders. The analysis reveals that current law doctrine, although it often is not explicit about the parallel and integrated operation of its excuse defenses, does much to perform this exculpatory function. However, the systematic perspective of excuses also reveals some serious shortcomings of current doctrines.

Keywords: Criminal law excuses, duress, insanity, mental illness, mistake, intoxication, immaturity, impaired consciousness, involuntary act, hypnosis

Suggested Citation

Robinson, Paul H., A System of Excuses: How Criminal Law’s Excuse Defenses Do, and Don’t, Work Together to Exculpate Blameless (and Only Blameless) Offenders. Texas Tech Law Review, Vol. 42, p. 259, 2009, U of Penn Law School, Public Law Research Paper No. 09-31, Available at SSRN: https://ssrn.com/abstract=1492268 or http://dx.doi.org/10.2139/ssrn.1492268

Paul H. Robinson (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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