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Simple English definitions for legal terms
justification defense
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A quick definition of justification defense:
A justification defense is a type of defense used in criminal and tort law when the defendant's actions were not intended to break the law. This defense can be used in situations such as self-defense, defense of others, defense of property, or when force is used by public authority. Essentially, the defendant is arguing that their actions were necessary and justified under the circumstances.
A more thorough explanation:
In criminal and tort law, a justification defense is a defense that arises when the defendant has acted in a way that the law does not seek to prevent. This means that the defendant's actions were justified under the circumstances and therefore not considered illegal or wrongful.
Examples of justification defenses include:
- Self-defense: When a person uses force to protect themselves from harm or danger.
- Defense of others: When a person uses force to protect someone else from harm or danger.
- Defense of property: When a person uses force to protect their property from being stolen or damaged.
- Necessity: When a person is forced to break the law in order to prevent a greater harm from occurring.
- Use of force to make an arrest: When a police officer uses force to arrest a suspect who is resisting arrest.
- Use of force by public authority: When a government official uses force to maintain order or protect the public.
For example, if someone breaks into your home and threatens you with a weapon, you may be justified in using force to defend yourself. Similarly, if a police officer uses force to arrest a suspect who is resisting arrest, the officer may be justified in doing so to maintain public safety.