Review the examples of affirmative, imperfect, and perfect defenses given in Categorization of Defenses. Jasmine’s self-defense claim is based on justification. Society believes that individuals should be able to protect themselves from harm, so actions taken in self-defense are justified and noncriminal. Note that a self-defense claim focuses on the offense (battery) in light of the circumstances (to prevent imminent harm). LuLu’s insanity claim is based on excuse. Although LuLu killed Lola with criminal intent, if LuLu is truly insane it is not be fair or just to punish her for her behavior. Note that an insanity claim focuses on the defendant (a legally insane individual) and whether he or she should be criminally responsible for his or her conduct.
Defense Type |
Characteristics |
Common-law |
Created by a court |
Statutory |
Created by a state or federal legislature |
Denial or failure of proof |
Creates doubt in one or more elements of the offense and prevents the prosecution from meeting its burden of proof |
Affirmative |
Raises an issue separate from the elements of the offense |
Imperfect |
Reduces the severity of the offense |
Perfect |
Results in an acquittal |
Factual |
Based on an issue of fact |
Legal |
Based on an issue of law |
Alibi |
Asserts that the defendant was somewhere else when the crime was committed |
Expiration of the statute of limitations |
Asserts that it is too late for the government to prosecute the defendant for the crime |
Justification |
Claims that the criminal conduct is justified under the circumstances |
Excuse |
Claims that the defendant should be excused for his or her conduct |
KEY TAKEAWAYS
- A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime. Most affirmative defenses are based on justification or excuse and must be raised before or during the trial to preserve the issue for appeal.
- An imperfect defense reduces the severity of the offense; a perfect defense results in an acquittal.
- If the basis for a defense is an issue of fact, it is called a factual defense. If the basis for a defense is an issue of law, it is called a legal defense.
- An example of a factual defense is an alibi defense, which asserts that the defendant could not have committed the crime because he or she was somewhere else when the crime occurred. An example of a legal defense is a claim that the statute of limitations has expired, which asserts that it is too late for the government to prosecute the defendant for the crime.
- An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. An affirmative defense is based on excuse when it claims that the criminal defendant should be excused for his or her conduct.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- Carol is on trial for battery, a general intent crime. Carol puts on a defense that proves her conduct was accidental, not intentional. Is this an affirmative defense? Why or why not?
- Read Statev. Burkhart, 565 S.E.2d 298 (2002). In Burkhart, the defendant was convicted of three counts of murder. The defendant claimed he acted in self-defense. The jury instruction given during the defendant’s trial stated that the prosecution had the burden of disproving self-defense. However, the instruction did not state that the prosecution’s burden of disproving self-defense was beyond a reasonable doubt. Did the Supreme Court of South Carolina uphold the defendant’s conviction for the murders? The case is available at this link: http://scholar.google.com/scholar_case?case=1066148868024499763&hl=en&as_sdt=2&as_vis=1&oi=scholarr
- Read Hoagland v. State, 240 P.3d 1043 (2010). In Hoagland, the defendant wanted to assert a necessity defense to the crime of driving while under the influence. The Nevada Legislature had never addressed or mentioned a necessity defense. Did the Supreme Court of Nevada allow the defendant to present the necessity defense? The case is available at this link: http://scholar.google.com/scholar_case?case=8002120339805439441&q=Hoagland+v.+State&hl=en&as_sdt=2,5&as_ylo=2009%E2%80%8B
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