PHIL 316 Chapter Notes - Chapter Robinson: Diplomatic Immunity, Double Jeopardy, Hypnosis
8 Jul 2016
School
Department
Course
Professor
Document Summary
What preliminary definition does he offer for these 5 types (see p 203). What is the crucial difference between the first two types and the other three? (see p. 205) His preliminary definition for defense is any set of identifiable conditions or circumstances which may prevent a conviction for an offense. Consent, when used as a defense, can be applied as a failure of proof defense or an offense modification depending on the situation. Robinson is somewhat right in claiming that this is just a drafting of the law issue and not a difference of substance. The outcome of both defenses would be the same. For this reason, the substance of each defense is equivalent in their end results. The distinction is a drafting of the law issue in the sense that they each cater to different but similar penal codes. The offense modification defense would apply when there is no consent justification within a penal code.
