Written by attorneys · grounded in primary & secondary sources — see below
A justification or valid reason recognized by law that relieves a person from criminal or civil liability or from performance of a duty or obligation. The reasonableness of the explanation or excuse is assessed from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be.
Sources & Authorities
How it applies
Common Examples
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Emotional Disturbance Reduces Murder Charge
Lucas Lee shot and killed his longtime rival after the rival taunted him about the recent death of Lee's child. At trial the jury found that Lee acted under the influence of extreme mental or emotional disturbance. Because a reasonable explanation or excuse existed from the viewpoint of a person in Lee's situation under the circumstances as he believed them to be, the homicide that would otherwise have been murder was reduced to manslaughter.
Court Excuses Juror During Grand Jury
Lola Langley was selected for grand jury service but developed a sudden medical emergency requiring hospitalization. The court found good cause and excused her either temporarily or permanently. An alternate juror was impaneled in her place so the grand jury could continue its work without delay.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Killing With Legal Excuse Avoids Slayer Bar
Lucia Lopez shot and killed an armed intruder who had broken into her home and threatened her family. Because the killing occurred with legal excuse and justification, Lopez was not treated as a slayer and retained her right to inherit under the decedent's will.
Self-Defense Force Meets Serious Harm Threshold
Levi Lowe faced an attacker who lunged at him with a knife. Lowe used a level of force that a reasonable person in his position would realize was likely to cause serious bodily harm. The privilege of self-defense applied because the threatened harm met the threshold of gravity required to justify that level of response.
Post-Trial Juror Excused for Good Cause
Logan Lane served on a criminal jury that had already begun deliberations when she suffered a family emergency. The court found it necessary to excuse her for good cause. The remaining eleven jurors were permitted to return a verdict even without a stipulation by the parties.
Interrogator Offers Legal Excuse to Suspect
Liam Larson was suspected of a revenge killing. During interrogation the officer suggested that Larson had carried a gun only for protection and had not gone out looking to shoot the victim. By offering this legal excuse the interrogator sought to induce an initial admission of guilt without using coercion.
Miranda v. Arizona384 U.S. 436 (1966)
Common questions
Frequently Asked
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How does a legal excuse affect reduction of a homicide charge under the Model Penal Code?+
A homicide that would otherwise be murder is reduced to manslaughter when committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of the explanation or excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be.
Supporting sources
When may a court excuse a juror for good cause in a criminal proceeding?+
At any time the court may excuse a juror either temporarily or permanently for good cause. If the excusal occurs after the trial begins, the court may impanel an alternate or, after deliberations have started, permit the remaining eleven jurors to return a verdict.
Supporting sources
What consequence follows when a killing occurs without legal excuse or justification?+
A person who without legal excuse or justification is responsible for the felonious and intentional killing of another is denied any right to benefit from the wrong under the slayer rule.
Supporting sources
384 U.S. 436 (1966)Evidence
…be used only when the guilt of the subject appears highly probable."[^maj-14] The manuals suggest that the suspect be offered legal excuses for his actions in order to obtain an initial admission of guilt. Where there is a suspected revenge-killing, for example, the interrogator may say: "Joe, you probably didn't go out…