Which of the following is NOT part of the affirmative defenses listed in DERM?

In the context of DERM (Department of Corrections Mental Health), affirmative defenses are specific legal defenses that, if established, can absolve a defendant from liability or reduce their culpability in a crime. The correct answer highlights that negligence is not categorized as an affirmative defense within this framework.

Entrapment, mental disease or defect, and renunciation are recognized affirmative defenses. Entrapment occurs when an individual is induced by law enforcement to commit a crime they would not have otherwise committed. Mental disease or defect allows a defendant to argue that they were unable to comprehend the nature of their actions or distinguish right from wrong at the time of the offense due to a severe mental condition. Renunciation refers to a situation where a defendant can demonstrate that they voluntarily abandoned their criminal intentions before the crime was committed.

Negligence, on the other hand, typically relates to civil law rather than criminal law and involves a failure to take reasonable care to avoid causing injury or loss to another person. It does not fit within the realm of affirmative defenses used to justify or excuse criminal behavior. Thus, identifying negligence as the option that does not belong in the list of affirmative defenses under DERM underscores the distinction between civil negligence claims and criminal affirmative defenses.