Defense, Necessity Defense And Affirmative Defense

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According to the United States constitution every American Citizen is entitled to a trial and an attorney. With the right to a trial and an attorney those accused also have a right to bring up a defense in justifying or excusing their actions. In this essay I will be looking at defenses such as self-defense, necessity defense and affirmative defense. This essay will serve as a guide to what these defenses really mean and when it is acceptable to use them. A defense is when a defendant and his or her attorney provide evidence on why they should not be held accountable for the crime they have ben accused. The purpose of a defense is so a person won’t be held responsible for the crimes they have committed. There are two kinds of defenses a factual defense and a legal defense. A factual defense is when a defended simply states that they didn’t commit the crime, such as providing an alibi. Where as a legal defense a defendant may have committed the crime but should face no legal liability. There are two kinds of legal defense justifications and excuses. An Affirmative defense is when a defendant provides evidence, which can influence the legal responsibility the defendant will be held responsible for, even if the defendant committed the crime in question. An affirmative defense may completely exonerate a defendant but it may also just lower the charges brought against the defended. For example a person who is charged with first degree murder can be found not guilty using
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