Affirmative Defenses

Question 1

Affirmative Defenses

Answer 1

shortened duplicate
negates guilts, even if some or. all of the elements of the offense are proven BRSBLD

Sub-types:
1. Justification
2. Excuse

Question 2

Justification Defenses

Answer 2

Focuses on the act, NOT the actor
conduct benefits society; criminal conduct that is socially acceptable & benefits society, thus undeserving of criminal liability; harm is outweighed to avoid greater harm/ further greater interest

still legally recognized harm that should be avoided    whenever possible

• triggering conditions permit a necessary and proportional response
  (TC –> N + P)

Ex. Self Defense, Defense of Another, Necessity

Question 3

Common Structure for JD

Answer 3

triggering conditions: conditions that must exist BEFORE act; not created by actor. circumstances that must exist to claim defense

necessary requirements: one may act only when and to the extent necessary to protect or further interest at stake

proportional response: limits the harm that may be caused to protect or further an interest; harm cannot be too sever in relation to the value of the interest protected/furthered.

Question 4

Excuse Defenses

Answer 4

Focuses on ACTOR, not the act
Actor’s conduct does not need to benefit society; should be condemned and prevented; ONLY BC actor did not meaningfully exercise free will
- conditions suggest he is not responsible/blameworthy

Ex. Duress, Insanity, Involuntary Intoxication