Affirmative Defense.docx - Affirmative Defense When a...

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Affirmative Defense When a defendant acknowledges they committed the crime he or she is accused, the accused provides justifications and excuses for their actions is known as an affirmative defense (Schmalleger & Hall, 2017). For example, if a person had a spiked drink while at a party or club and killed someone while driving home, the person can claim involuntary intoxication. The defendant believes they should not be accountable for criminal liability because they had a good reason for their actions. Criminal liability can be acquitted with the offender proving their case. The burden of persuasion is placed on the defendant instead of the prosecution (Schmalleger & Hall, 2017). Reference Schmalleger, F., & Hall, D. E. (2017). Criminal Law Today (6 th ed.). Boston, MA: Pearson. Justification and excuse When a defendant feels that he or she should not be held criminally accountable, the criminal act was done, but the individual was not in their right frame of mind (Feldmeier, n.d.). The conduct violates the law, but the act may have been for the greater
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