What does "affirmative defense" mean?

An affirmative defense is one in which the defendant acknowledges having committed the act in question but argues that there is a valid justification or excuse for doing so. This type of defense does not merely aim to refute the claims made by the prosecution; instead, it provides additional context or reasoning to show that the defendant should not be held liable for the action, even if the act itself occurred.

Common examples of affirmative defenses include self-defense, insanity, and duress, where the defendant admits to the offense but contends that circumstances beyond their control or justification negate their culpability. In this way, the defendant takes the position that their actions, while technically a violation of the law, were warranted under the specific circumstances.

In contrast, options that involve denying all accusations or claiming procedural errors do not involve admitting to the actions taken, which is a critical aspect of what constitutes an affirmative defense. Similarly, while mental incapacity might provide a defense, it doesn’t necessarily align with the broader understanding of an affirmative defense, which focuses on justification rather than denying responsibility altogether.