General Defenses to Crime

Question 1

Two types of Defenses

Answer 1

• Affirmative Defenses
• Failure of Proof Defenses

Question 2

Affirmative Defenses

Answer 2

theory that negates guilts even if gov’t proves all elements of a crime beyond a reasonable doubt

can be based on (1) justification or (2) excuse rationale

Question 3

Failure of Proof

Answer 3

negates an, some, or all element(s) of proof of an offense

typically mistake of fact or voluntary intoxication (or alibi)