California Private Investigator Practice Exam

What is an affirmative defense?

1. A method to negate the prosecutor's evidence

2. A strategy to prove the defendant's innocence

3. A tactic to mitigate sentencing

4. A defense where the defendant proves their case fully

The correct answer is: A defense where the defendant proves their case fully

An affirmative defense is a legal strategy where the defendant not only challenges the prosecutor's case but also presents their own evidence and arguments to prove their innocence or justify their actions. This often involves the defendant admitting to the act in question but providing a compelling rationale or justification that absolves them from liability, such as self-defense, insanity, or consent. To clarify the surrounding context, simply negating the prosecutor's evidence does not amount to an affirmative defense, as this approach merely seeks to create reasonable doubt without providing an alternative narrative. Similarly, while proving innocence can be a goal in an affirmative defense, the key aspect is not just claiming innocence but actively proving a justification for the defendant's conduct. Mitigating sentencing does not inherently prove innocence or justify actions; it is more about reducing the consequences for a crime that the defendant may not dispute. Therefore, the approach of fully proving one's defense accurately defines the essence of an affirmative defense.