Chapter

Reality and Appearance in Justification Defences

VICTOR TADROS

in Criminal Responsibility

Published in print March 2007 | ISBN: 9780199225828
Published online January 2010 | e-ISBN: 9780191718571 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199225828.003.0011

Series: Oxford Monographs on Criminal Law and Justice

Reality and Appearance in Justification Defences

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In the area of justification defences, there are three positions that are commonly defended. Some people defend the view that a person is justified in what they did only if the facts warrant their conduct whether or not they were aware of those facts. Others defend the view that a person may be justified if the evidence would lead a reasonable person to do what the person did even if things turn out badly. Dual theorists think that the facts must warrant the defendant in doing what he did and the defendant must have been aware of, and motivated by, the relevant facts. In this chapter the second view is argued for.

Keywords: justification; facts; defendant; dual theory

Chapter.  15442 words. 

Subjects: Criminal Law

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