Importance of Affirmative Defense - Essay Example

Summary

From the paper "Importance of Affirmative Defense" it is clear that attorneys may employ affirmative defense, in an attempt to exempt their client from crimes of which they are charged. In affirmative defense, the attorney fails to decline the crime committed by the client. …

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Subject: Law
Type: Essay
Level: Ph.D.
Pages: 1 (250 words)
Downloads: 2
Author: runolfssonjuwan

Extract of sample "Importance of Affirmative Defense"

The category of an affirmative defense is entrapment. In this, the attorney argues that their clients could have engaged in a crime, owing to the situation that compelled them to act in that manner. The lawyers attempt to prove that their clients were in a trap. The client is said to bear the load of attestation (Champion, Rabe & Hartley, 2008).

The other form may be self-defense. The lawyer may employ affirmative action if the client executed a crime while trying to protect him or herself. It implies that though the client executed the said felony; they were compelled into doing so in an endeavor to protect themselves (Champion, Rabe & Hartley, 2008). However, the attorney ought to prove that it was indeed a situation where the client needed self-defense.

Additionally, duress is a way of illegally compelling someone into committing a felony through corporal threats. The defendant may justify themselves by claiming to have committed the crime through compulsion (Champion, Rabe & Hartley, 2008). Besides, a person may commit a crime because of necessity and argue that the situation may perhaps have been worse if he or she had not acted in a certain way.

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