Examples Of Affirmative Defense

Charley Roberts
Ewell
CRJU 1068
9 October 2014
Affirmative Defense In a criminal court case the defendant may choose to use an affirmative defense. An affirmative defense is one that excuses or justifies the behavior on which the lawsuit is based. When choosing an affirmative defense the defendant is admitting to the crime but saying he or she had good reason to do so. These types of defenses differ from others because the defendant must provide evidence and prove the defense. Affirmative defenses differ from state to state. Some examples of affirmative defenses are insanity, self-defense, duress, statute of limitations and entrapment.
Insanity is a defense to a crime if the accused cannot aid in the preparation of his or her case or was
The M’Naghten Rule, formulated in 1843, defines a person as insane if at the time of the act she had such a disease of the mind that she did not know what she was doing. M’Naghten was a Scottish woodcutter who murdered the secretary to the Prime Minister, Robert Peel. 9 witnesses testified that he was insane. The M’Naghten rule has been adapted by 17 states in some form. John Hinckley shot President Reagan. Pled and found NGRI, he was acquitted of 13 murder, assault, and weapons counts. This caused public outcry because people thought the insanity defense was a loophole in the justice system. Because of this people called for abolishment or revision of insanity plea laws. As a result, the Insanity Defense Reform Act of 1984 was created. “It states that a person cannot be judged not guilty by reason of insanity if the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of her acts.” Before Hinckley’s trial, the prosecution had to prove the defendant was indeed sane, after the trial the defendant must prove their insanity at the time of the crime. 30 states made changes including Utah, Montana, and Idaho, who abolished the defense
Because of this right, self-defense is an acceptable affirmative defense. In order for self-defense to be accepted, the defendant must prove that their life was in danger at the time of the crime. If the immediate threat ceases then the act of self-defense must also cease. For example if John is attacked by an intruder and has no other choice but to kill said intruder, the self-defense is valid. However, if that intruder sees John with a gun and runs out the window but John run after, shoots, and kills him the self-defense is no longer valid. Once the intruder ran, John should have ceased his actions as well. One also has the right to prevent harm to oneself by another, they do not need to wait until they are struck by an attacker. For example if Mary Jane gets in an argument with her boyfriend and sees him pick up a knife and come towards her with it she can shoot him before he actually stabs her. Self-defense would still apply in that case. There have been cases of self-defense in recent news. On February 26, 2012 George Zimmerman shot and killed Trayvon Martin. Zimmerman claimed self-defense at trial and was later acquitted of murder charges because of Florida’s “stand your ground” law. On August 9, 2014 18 year old Michael Brown was shot and killed by Officer Darren Wilson. Wilson claims that Brown punched him through the open car window and he felt like he had to defend his