New York City Corrections Peace Officer Practice Test

Question: 1 / 785

What is an important characteristic of affirmative defenses?

They deny the act occurred.

They excuse the act based on overwhelming evidence.

They acknowledge the act but claim justification.

An important characteristic of affirmative defenses is that they acknowledge the act but claim justification. This means that while the defendant admits to committing the action in question, they argue that there are valid reasons or circumstances surrounding that act that warrant a dismissal of guilt. For instance, self-defense is a common affirmative defense where a defendant may admit to using force against another person but justifies the action by stating it was necessary to protect themselves from harm.

This characteristic distinguishes affirmative defenses from other legal arguments that primarily deny the occurrence of the act or challenge the elements of a crime, such as intent. By recognizing the act itself while providing justification, affirmative defenses allow for a broader discussion of context and morality in legal proceedings.

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They assert the defendant did not have intent.

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