Which term refers to a defense in which the defendant introduces evidence that can negate liability, even if the acts occurred?

Which term refers to a defense in which the defendant introduces evidence that can negate liability, even if the acts occurred?

• A. Act
• B. Omission
• C. Affirmative defense
• D. Constructive possession

Answer: (C)

An affirmative defense is a defense in which the defendant introduces evidence that can negate liability, even if the acts occurred. The idea is that the defendant isn’t denying the act happened but is arguing there was a legal justification or an excuse that makes the conduct not wrongful under the circumstances. Examples include self-defense (the force used was necessary to protect oneself), insanity or mental incapacity (lacking the mental state required for the crime), and duress (acting under threat). Because the defense provides a justification or excuse that negates the criminal liability despite the act having occurred, it best matches the description. In contrast, referring to an act is about the conduct itself, omission is failing to act, and constructive possession is about control over property—none of these are defenses.

An affirmative defense is a defense in which the defendant introduces evidence that can negate liability, even if the acts occurred. The idea is that the defendant isn’t denying the act happened but is arguing there was a legal justification or an excuse that makes the conduct not wrongful under the circumstances. Examples include self-defense (the force used was necessary to protect oneself), insanity or mental incapacity (lacking the mental state required for the crime), and duress (acting under threat). Because the defense provides a justification or excuse that negates the criminal liability despite the act having occurred, it best matches the description. In contrast, referring to an act is about the conduct itself, omission is failing to act, and constructive possession is about control over property—none of these are defenses.