Character Judgments, Criminal Responsibility, and the Role of Excuses

This essay examines the issue of criminal liability from the viewpoint of the character theory of responsibility, with particular attention being paid to the role of excuse-based defences. Two different versions of the character theory are examined and compared: the traditional character theory and the utilitarian motivational theory of responsibility. Following a brief overview of the distinction between justification and excuse in common law jurisprudence, the two versions of the character theory are discussed and their implications are highlighted. The essay concludes that the traditional character theory, with its emphasis on moral blameworthiness, offers a better basis for understanding the nature of criminal responsibility in relation to offences which also constitute moral wrongs. The utilitarian motivational theory, on the other hand, may be given priority when considering the question of responsibility in relation to offences in which the element of moral blame is absent, minimal or questionable.