Affirmative Defense

Affirmative Defense in the United States

A response to a criminal accusation that involves more than denial of the charge. An affirmative defense introduces new elements that provide an excuse for the criminal conduct. Among the more common affirmative defenses are insanity, necessity, duress, Entrapment (Criminal Process), and self defense. Undertaking an affirmative defense does not disturb the prosecutor’s obligation to prove the defendant guilty. At the same time, because the affirmative defense brings additional issues to a case, the defendant assumes the burden of proof of those matters con- taiaed it? She. affirmative defense.

See Also

Assistance of Counsel (Criminal Process) Insanity Defense (Criminal Process).

Analysis and Relevance

An affirmative defense is a strategy used in hopes of obtaining a not guilty verdict from a jury. An affirmative defense contains some risk because it typically concedes that the defendant was involved in a crime. The affirmative defense of duress or coercion, for example, admits the defendant was present at the crime scene, but that his or her presence was involuntary. Participation under duress raises doubts about the defendant’s intent to commit the crime. An affirmative defense is one of the few options available to defense attorneys when they represent clients facing very strong cases.

Notes and References

  1. Definition of Affirmative Defense from the American Law Dictionary, 1991, California

Meaning of Affirmative Defense

In plain or simple terms, Affirmative Defense means: A defense which does not necessarily refute an allegation but offers new matter which may defeat the right to recovery.


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