Affirmative defense
Category of defense strategies that allege mitigating circumstances to achieve acquittal / From Wikipedia, the free encyclopedia
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An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense,[1] insanity,[2] entrapment[3] and the statute of limitations.
The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (June 2013) |