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A pretext (adj.: pretextual) is an excuse to do something or say something that is not accurate. Pretexts may be based on a half-truth or developed in the context of a misleading fabrication. Pretexts have been used to conceal the true purpose or rationale behind actions and words.
Whilst the jurisprudential importance of the distinction between justification and excuse defenses is clear, legally they have the same effect, acquittal, and there is an ongoing debate about whether the distinction makes any practical difference.
Justification and excuse are different defenses in a United States criminal case. [ 1 ] : 513 Both defenses admit that the defendant committed an act proscribed by law. [ 1 ] : 513 The proscribed act has justification if the act had positive effects that outweigh its negative effects, or is not wrong or blameworthy.
Excusatio non petita, accusatio manifesta is a Latin phrase of medieval origin. Its literal translation is "Unsolicited excuse, manifest accusation" (or "He who excuses himself, accuses himself").
Pretexting is a type of social engineering attack that involves a situation, or pretext, created by an attacker in order to lure a victim into a vulnerable situation and to trick them into giving private information, specifically information that the victim would typically not give outside the context of the pretext. [1]
In contrast, an excuse is a defense that recognizes a crime was committed, but that for the defendant, although committing a socially undesirable crime, conviction and punishment would be morally inappropriate because of an extenuating personal inadequacy, such as mental defect, lack of mental capacity, sufficient age, intense fear of death ...
Any archbishop or metropolitan who, under the pretext of an official visitation, visits other dioceses and greedily consumes what belongs the other dioceses, is excommunicated. [ 9 ] Any bishop who grants the property of a diocese other than his own as a gift to someone or who installs priests in another diocese is excommunicated.
They occur when a police officer wishes to investigate a motorist on other suspicions, generally related to drug possession, and uses a minor traffic infringement as a pretext to stop the driver. In the case of Whren , the defense used a "would-have" rule, asking whether a reasonable police officer would have made the stop without the suspicion ...