The justification and excuse defenses are applied when an action falling under a legal definition of crime was presumably committed under guilt-negating circumstances. While these defenses may seem identical, an important subtle difference creates a distinction. Justification defenses emphasize that an individual’s conduct is appropriate in the situational context (Acker & Wu, 2020). Consequently, any harm an individual might have inflicted on others becomes legally and socially approved. Justification defenses are applied in cases where an individual had to defend their life, their property, or another person’s life. In contrast, excuse defenses negate guilt by explaining an individual’s actions through a disabling condition. In addition, the harm inflicted by an individual remains socially disapproved (Acker & Wu, 2020). In that regard, potential excuse defenses, such as mental illness, young age, or threats from other people, are based on the defendant’s personality rather than a situational context.
In the first scenario, Barry could build a solid justification argument by claiming he applied justifiable force in self-defense. According to Section 776.012 of the 2022 Florida Statutes, a person is justified in using force in order to defend themselves against the other’s imminent use of unlawful force. Moreover, a person is justified to use deadly force if the threat of death or significant bodily harm reasonably exists (Online Sunshine, 2022b). In the presented case, Andy tried to strike Barry with a baseball bat. If the hit had landed, Barry could have died or sustained severe injuries, meaning he was justified in using force in self-defense. In theory, Barry could still face legal charges if he stabbed Andy with a knife prohibited for concealed carrying (American Knife & Tool Institute, 2021). In that case, Barry would be responsible for a first-degree misdemeanor according to Section 790.01 of the 2022 Florida Statutes (Online Sunshine, 2022d). Barry would not face legal repercussions if he stabbed Andy with a common pocketknife or a kitchen utensil he grabbed from a table.
In the second case, Larry set a school on fire, obeying the orders issued by the voices in his head. This situation is a classic example of excuse defense, where the harm done by the defendant is undeniable, but their actions were guided by a disabling condition. However, Larry should know that Florida law considers insanity an affirmative defense, meaning that he must provide sufficient evidence of a mental illness that made him oblivious to potential consequences (Online Sunshine, 2022a). Otherwise, Larry will be considered guilty of first-degree arson since he set on fire an educational institution presumably occupied by children and staff members (Online Sunshine, 2022e). In that regard, Larry’s advocate must obtain all information related to his client’s mental health condition to convince the court that Larry is not faking mental health issues to escape justice.
Finally, one can hardly apply plausible justification or excuse defenses in Thelma’s case. According to Section 784.03 of Florida Statutes, the offense of battery occurs when a person intentionally touches or strikes another person against their will (Online Sunshine, 2022c). In the presented scenario, Thelma slapped Louise in the face, which qualifies as a battery. However, Nancy, who did the same to Thelma, did not face any legal consequences. This decision is justified since defending another person with force is permitted by Section 776.012 (Online Sunshine, 2022b). As such, Thelma faced appropriate legal repercussions, while Nancy rightfully avoided punishment because she was protecting a victim of the battery through the application of reasonable force.
References
Acker, J. R., & Wu, S. (2020). I did it, but I didn’t: When rejected affirmative defenses produce wrongful convictions. Nebraska Law Review, 98(3), 578-642.
American Knife & Tool Institute. (2021). Florida knife laws. Web.
Online Sunshine. (2022a). Chapter 775: General penalties; Registration of criminals. Web.
Online Sunshine. (2022b). Chapter 776: Justifiable use of force. Web.
Online Sunshine. (2022c). Chapter 784: Assault; Battery; Culpable negligence. Web.
Online Sunshine. (2022d). Chapter 790: Weapons and firearms. Web.
Online Sunshine. (2022e). Chapter 806: Arson and criminal mischief. Web.