Abstract
AbstractHarboured between full excuses and mitigatory factors, with its application restricted to murder only, the doctrine of partial excuse presents as both a procedural irregularity and a theoretical outlier. Perhaps owing to its problematic nature and limited reach, the site and scope of the doctrine has received scant scholarly attention. This paper signals the potential of partial excuse as a means of addressing criticisms pertaining to moral injustice at the heart of responsibility attribution. In particular, it aims to set the scene for future theoretical development in this area by dismantling the three familiar arguments against expanding partial defences beyond homicide. First, it clarifies the nature of partial excuse by questioning the apparent dependency of the doctrine on the mandatory life sentence for murder, arguing that partial excuse can function independently of both penalty and offence. Next, it considers the conceptual challenge posed by the notion of “partial responsibility”, before attending finally to the practical obstacles facing an expansion of the doctrine. Ultimately, the paper concludes that the doctrine can apply to all offence categories, and that deeper consideration is needed on the question of whether or not it ought to apply universally.
Publisher
Springer Science and Business Media LLC
Reference107 articles.
1. Ashworth, A. Principles of Criminal Law (Oxford: Oxford University Press, 5th edn, 2006).
2. Austin, J. and Krisberg, B. “Wider, Stronger, and Different Nets: the Dialectics of Criminal Justice Reform” (1981) 18 Journal of Research in Crime and Delinquency 165.
3. Bateson, K., McManus, M. and Johnson, G., “Understanding the use, and misuse, of Adverse Childhood Experiences (ACEs) in trauma-informed policing” (2019) The Police Journal: Theory, Practice and Principles 131Berman, M. N. “Justification and Excuse, Law and Morality” (2003) 53 Duke Law Journal 1.
4. Berman, M. N. “Provocation as Partial Justification and Partial Excuse” (2011) 52 William & Mary Law Review 1027.
5. Blom-Cooper, L. and Morris, T. With Malice Aforethought: A Study of the Crime and Punishment for Homicide (Oxford: Hart Publishing, 2004).