Excuse Defenses Essay

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An excuse defense is when a defendant claims that their mental ability was impaired, therefore should not be held responsible for the crime. Examples of an excuse defense are: intoxication, age, entrapment, and self-defense. Intoxication is generally not a defense. In some cases though; it can be an excuse. If the defendant involuntarily becomes intoxicated, they can use this as an excuse, though it has to be proven. If a women is out with friends, in charge of be designated driver, and someone spikes her coke. If she can convince a judge or jury, she will not be charged. Age is a very argumentative subject, however; if a child younger than 7 commit’s a crime that child can not be held responsible for his actions. If a child between the ages of 7 and 14 commit’s the same crime, the can be held responsible. A child between ages 14 and 17, or 18 will be held responsible for the crime they commit. A 5 year old boy finds a gun in his parents room, shoots his sibling, he can not be held responsible, whereas; a child 14 finds a gun in his parents room shoots his sibling, He will he held responsible. In order for entrapment to be an excuse, you have to convince a judge or jury. Entrapment is when law enforcement uses decoys, traps and deception to influence crime. When law enforcement threatens you to commit a crime, this is a form of entrapment. Jacobson versus United States (1992) Keith Jacobson purchased a magazine that had child pornography in it. His name showed up in F.B.I files. The F.B.I for over 2 years would sent Jacobson mail to order more magazines. Jacobson finally gave in and did. He was arrested. When they searched his home all that was found was what was sent to him by the F.B.I. . The judge ruled entrapment, due to the F.B.I coaxing Jacobson to purchase more child pornography. Self-defense is when a defendant thinks they are in an immediate
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