Practice question · Multiple choice
Why does it matter whether an exemption removes unlawfulness or only personal imputation, if in both cases the defendant is acquitted?
Hints
- Ask what happens to everyone else involved in the incident.
- A justified act is lawful, and lawful acts cannot be resisted or participated in.
Show the answer
A. Only the first makes the act lawful, barring defence against it, participation, and civil liability
Why
Because the two answers say different things about the act, not just about the person. A justification makes the act lawful, so nobody may defend against it, nobody can be a participant in it and civil liability is generally excluded. An excuse leaves the act unlawful: defence against it is lawful, a capable participant can still be liable, and a security measure may follow.
Practise Justification and Personal Imputation
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