New York Law (NYLE) Practice Exam

Which of the following is not considered an affirmative defense to a criminal charge?

1. Renunciation.

2. Duress.

3. Entrapment.

4. Justification.

The correct answer is: Justification.

In the context of criminal law, affirmative defenses are legal arguments that, if proven, can negate criminal liability even if the prosecution's claims are true. These defenses shift the burden of proof to the defendant, allowing them to present evidence that justifies their actions or otherwise negates culpability. Renunciation, duress, and entrapment are all recognized affirmative defenses. Renunciation involves a person's withdrawal from a criminal conspiracy or intention to commit a crime, demonstrating that they took steps to avoid committing the offense. Duress occurs when a person commits an act due to threats or coercion, indicating that their actions were not truly voluntary. Entrapment addresses situations where law enforcement induces a person to commit a crime they would not have otherwise committed, arguing that the government's actions played a significant role in causing the crime. Justification, however, functions differently. It is rooted in the idea that the defendant’s actions, while perhaps technically illegal, are acceptable in the circumstances presented—such as self-defense or defense of others. Essentially, justification does not deny that the defendant committed the unlawful act but argues that the act was permissible under the circumstances, negating culpability. Thus, justification does not fit the traditional mold of an affirmative defense because it does