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An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant. Affirmative defenses can be classified as either a justification defense or an excuse defense. Affirmative defenses operate to limit, excuse or avoid a defendant's criminal culpability or civil liability, even though the factual allegations of the plaintiff's claim are admitted or proven. In fact, the defendant usually must affirm that the facts asserted by the plaintiff are correct in asserting his own defense; hence, "affirmative" defenses.
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"Mistake of fact" is an.... affirmative defense, usually used in combination with another, in which the defendant asserts that he reasonably believed the culpable act was necessary based on his observation, although, when given complete knowledge of the situation, it is clear that the act was unwarranted...
Among the most controversial affirmative defenses is the insanity defense, whereby a criminal defendant, shown to be insane at the time of his crime, seeks commitment to a mental institution in lieu of imprisonment.
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