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Criminal Defenses

16 February, 2016 - 09:46

LEARNING OBJECTIVES

  1. Distinguish between a denial or failure of proof defense and an affirmative defense.
  2. Distinguish between imperfect and perfect defenses.
  3. Distinguish between factual and legal defenses.
  4. Give examples of factual and legal defenses.
  5. Distinguish between defenses based on justification and excuse.

A plethora of criminal defenses exist. Defenses may completely exonerate the criminal defendant, resulting in an acquittal, or reducthseverity of the offense. Constitutional Protections discussed defenses based on the federal Constitution. This chapter reviews the categorization of nonconstitutional criminal defenses, along with the elements of various defenses sanctioning the use of force.