Essay On Affirmative Defense

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Recommended: Self defense in criminal cases

In criminal law, there are multiple defenses to a crime. One of those defenses can be defined as affirmative defense. Affirmative defense is defenses like alibis. An alibi can be used when a defendant is not physically able to commit a crime. For example, April is charged with first degree murder but is not physically around the crime. She could use an alibi as a defense.
The next kind of criminal defense is the insanity defense. The insanity defense is rarely used as an effective defense. To use the defense successfully, the defendant must have a serve mental disease or defect at the time of the crime. It must be clear that because of this disease or defect the defendant did not understand their actions. In using this defense, …show more content…

Self-defense could only be used if the actions were used to defend oneself. Those actions must be necessary. The use of force by that individual must match the force used by the attacking force. For example, if Joe attacks Ryan with a knife, Joe is legally able to defend himself with deadly force. Joe cannot continue to use deadly force, when the attacking force is disabled.
Consent is a defense that acknowledges that the defendant did commit come act but it was with the consent of the victim. A person cannot give consent to murder. Only a few crimes can consent be given.
Involuntary intoxication is the defense that during the crime the defendant was drugged, making the illegal action occur. So, if Georgina was roofed at a party. While under the influence, Georgina unknowingly breaks into the home of Arizona. She could use involuntary intoxication as a defense to the breaking and entering charges.
Statute of limitations is a defense that states that the amount of time for the prosecution has to bring charges against a defendant has passed. Therefore, the charges have to be dropped.
These are just a few of the defenses available to criminals during a criminal

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