JUSTIFICATION

justification,n.1. A lawful or sufficient reason for one’s acts or omissions; any fact that prevents an act from being wrongful. 2. A showing, in court, of a sufficient reason why a defendant did what the prosecution charges the defendant to answer for. • Under the Model Penal Code, the defendant must believe that the action was necessary to avoid a harm or evil and that the harm or evil to be avoided was greater than the harm that would have resulted if the crime had been committed. Model Penal Code § 3.02. — Also termed justification defense; necessity defense. See lesser-evils defense under DEFENSE. [Cases: Criminal Law 38. C.J.S. Criminal Law §§ 49–53.] 3. A surety’s proof of having enough money or credit to provide security for the party for whom it is required. — justify,vb. — justificatory (j<< schwa>>s-ti-fi-k<<schwa>>-tor-ee), adj.

“A little bit of history: the term ‘justification’ was formerly used for cases where the aim of the law was not frustrated, while ‘excuse’ was used for cases where it was not thought proper to punish. Killing a dangerous criminal who had tried to avoid arrest was justified, since the law (if one may personify) wished this to happen, whereas killing in self-defence was merely excused. The distinction was important because justification was a defence to the criminal charge while an excuse was not, being merely the occasion for a royal pardon. By the end of the middle ages (it is difficult to assign a fixed date) even excuses were recognised by the courts, since when there has been no reason to distinguish between justification and excuse.” Glanville Williams, Textbook of Criminal Law 39 (1978).

defensive-force justification.A justification defense available when an aggressor has threatened harm to the particular interest that is the subject of the defense — usu. to the actor (self-defense), to other persons (defense of others), or to property (defense of property).

imperfect justification.A reason or cause that is insufficient to completely justify a defendant’s behavior but that can be used to mitigate criminal punishment. [Cases: Sentencing and

Punishment 72. C.J.S. Criminal Law §§ 1465, 1526.]

judicial-authority justification.A justification defense available when an actor has engaged in

conduct constituting an offense in order to comply with a court order.

public-authority justification.A justification defense available when an actor has been

specifically authorized to engage in the conduct constituting an offense in order to protect or further a public interest.

[Blacks Law 8th]