What is an "affirmative defense" in criminal law?

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An "affirmative defense" in criminal law refers to a legal strategy where the defendant admits to committing the act but argues that there are valid reasons or justifications that should absolve them from liability. This approach often involves presenting evidence or arguments that may not dispute the facts of the crime, but rather frames the action in a context that is legally acceptable. Common examples of affirmative defenses include self-defense, insanity, or entrapment, where the defendant acknowledges the act but claims they had a valid justification at the time.

The other options do not accurately capture the essence of an affirmative defense. Denying the occurrence of the act is more aligned with a general denial of charges rather than an affirmative defense. The assertion that an affirmative defense is solely for minors is not correct, as these defenses can be applicable to adults as well. Lastly, a procedural defense that seeks dismissal does not involve the same acknowledgment of the act by the defendant and focuses instead on legal technicalities that could lead to the case being thrown out. Thus, the description of an affirmative defense is clearly embodied in the idea of admitting to the act while claiming a legal justification.

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