![]() ![]() In most jurisdictions if there is some evidence of self-defense raised, it becomes the prosecution’s burden to prove beyond a reasonable doubt that the claim of self-defense is not justified.Īs a legal defense to criminal charges, self-defense is hundreds of years old. the force used was no greater than necessary to end the threatĮach jurisdiction varies a bit on the elements, or how they are measured.the belief of the threat was reasonable.There are typical elements to the successful use of self-defense to charges of a violent crime: The actions are admitted but claimed to be legally justified by the danger presented by the alleged victim. Self-defense is an affirmative defense used by individuals charged with crimes against the person of another such as assault and battery, and in some cases murder. Self-Defense or Defense of Others as an Affirmative Defense The typically recognized affirmative defenses are: Throughout the United States, each state has rules that may differ in the details of when a situation qualifies for a particular affirmative defense, but the principles involved are universal. This evidence may be part of the state’s case, or the defendant may introduce such evidence himself. First, he must admit that he did the act that he is accused of doing, and second evidence of the legally recognized exception to holding him responsible must be introduced. To claim an affirmative defense a defendant typically must meet several requirements. Requirements of the Generally Accepted Affirmative Defenses When a defendant admits that he has done a prohibited act, and he intended to do that act, but puts forward as a reason that it was done under a recognized exception to punishment, he is claiming an affirmative defense. The law recognizes that there are times when criminal liability can be proven, but society believes it is not proper to punish the accused. These two things taking place at the same time give rise to criminal liability. The person must perform an action that is prohibited by law, and do so with an intent or mental state that is described by law. This is an affirmative defense.įor a person to be guilty of a crime, there are two things that must exist. A legal excuse or justification may exist. In some criminal cases the defendant admits committing a criminal act. ![]()
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