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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification – such as self-defense and defense of others or defense of property. In English law, one could raise the argument of a contramandatum, which was an argument that the plaintiff had no cause for complaint. [4]
Section 17, added in 1984 and last amended in 1986 by 100 Stat. 3599, deals with the insanity defense, defining it as "an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to ...
For example, the presumption of innocence in a criminal case places a legal burden upon the prosecution to prove all elements of the offense (generally beyond a reasonable doubt), and to disprove all the defenses except for affirmative defenses in which the proof of non-existence of all affirmative defense(s) is not constitutionally required of ...
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
News of the Supreme Court ruling that affirmative action in higher education is unconstitutional has catapulted the policy that was legal for at least 45 years to the forefront.
“There’s a very real conspiracy in this case, and it’s stupid. It’s just stupid,” Attorney General prosecutor Cara Convery said of the 2021 shooting that killed two teens and wounded two ...
Donald Trump’s lawyers rested their defense Tuesday without the former president taking the witness stand in his New York hush money criminal trial, moving the case closer to the moment the jury ...