  Some think that, on closer inspection, our rules of procedure and evidence fail to support the answerability account, and help to undermine it. Those rules tell prosecutors to consider evidence both that \(D\) committed an offence and that \(D\) lacks a defence. If there is strong evidence that \(D\) killed in self-defence, D should not be prosecuted. This matters here for the following reason. When prosecutors decide whether to prosecute, they are deciding whether D should be called to answer for what \(D\) did. The fact that prosecutors should not prosecute if \(D\) clearly killed in self-defence, suggests that those who have defences are not answerable in court. It suggests that we owe the criminal courts answers not for acts that are offences but for acts that are crimes—for offending acts which do not satisfy an available defence. Obviously enough, it is for crimes that we are criminally liable. If responsibility is answerability, and we are answerable for crimes, the conditions of criminal responsibility and the conditions of criminal liability are one and the same. The answerability account, as described above, then fails (Duarte d’Almeida 2015, 239–267).