|
Sponsored Links
An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant. Affirmative defense can be classified as either a justification defense or an excuse defense.[1] Affirmative defenses operate to limit, excuse or avoid a defendant's criminal culpability or civil liability, even though the factual allegations of plaintiff's claim are admitted or proven. In fact, the defendant usually must affirm that the facts asserted by the plaintiff are correct in asserting their own defense, hence, "affirmative" defense. A clear illustration of an affirmative defense is self-defense.[2] In its simplest form, a criminal defendant may be exonerated, if he can demonstrate that he had an honest and reasonable belief that his conduct was necessary to protect himself against another's use of unlawful force. Mistake of fact is another affirmative defense, usually used in combination with another, in which the defendant asserts that he reasonably believed the culpable act was necessary based on his observation, though given complete knowledge of the situation it is clear that the act was unwarranted. Self defense is still valid even if the defendant mistakenly believed he was in imminent danger of harmful or offensive bodily contact. Among the most controversial affirmative defenses is the insanity defense,[3] whereby a criminal defendant, shown to be insane at the time of their crime, seeks commitment to a mental institution in lieu of imprisonment.
|
Affirmative Defense Subcategories
Affirmative Defense Articles
|
|
