justificatory excuse

See: alibi
References in periodicals archive ?
With respect to actively justificatory excuses, in which the defendant believed that his or her conduct was either factually or morally justified, a missing element defense may be available if the defendant's honest belief "negatives" a required mental element in the charged offense.
Although ascriptive questions often intersect with capacity-based excuse claims, Horder makes clear that they may apply to actively justificatory excuses as well.