미국형법상 책임조각사유의 유형과 그 내용

Abstract

This article aims at studying the Excuse in the American Criminal Law. Being different from our Criminal Law, American Criminal Law has derived from Common Law System. Even though there are some arguments about the Justification and Excuse, generally speaking Infancy, Insanity, Diminished Capacity, Intoxication, Duress, Entrapment are among the Excuse. As the English Common Law developed, the concept of criminal responsibility became a significant consideration, As it did, various defenses to criminal conduct emerged. Incapacity to commit a crime because of infancy, or under some circumstances, intoxication came to be recognized as defense. The Common Law regarded a child under age seven as incapable of forming criminal intent, but a child younger than 14 was capable of comprehending the wrongdoing involved in commission of an offense. Children over age 14 were treated as adults. Insanity is a legal concept and is defined differently in various jurisdiction on the U.S. A person who meets the requirements of the definition at the time of commission of an offense may plead insanity as a defense to criminal conduct. There are some rules, for example the M'Naghten rule, the Durham test, The ALI test, the Federal Standard etc. Intoxication can result from ingestion of alcohol or drugs. In evaluating whether intoxication is a defense, voluntary intoxication must first be distinguished from involuntary intoxication. The defense of Duress is recognized today by either statute or decisional law.