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5.2.1: Key Points

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    Defense Type

    Characteristics

    Common-law

    Created by a court

    Statutory

    Created by a state or federal legislature

    Denial or failure of proof

    Creates doubt in one or more elements of the offense and prevents the prosecution from meeting its burden of proof

    Affirmative

    Raises an issue separate from the elements of the offense

    Imperfect

    Reduces the severity of the offense

    Perfect

    Results in an acquittal

    Factual

    Based on an issue of fact

    Legal

    Based on an issue of law

    Alibi

    Asserts that the defendant was somewhere else when the crime was committed

    Expiration of the statute of limitations

    Asserts that it is too late for the government to prosecute the defendant for the crime

    Justification

    Claims that the criminal conduct is justified under the circumstances

    Excuse

    Claims that the defendant should be excused for his or her conduct

       

    • A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime. Most affirmative defenses are based on justification or excuse and must be raised before or during the trial to preserve the issue for appeal.
    • An imperfect defense reduces the severity of the offense; a perfect defense results in an acquittal.
    • If the basis for a defense is an issue of fact, it is called a factual defense. If the basis for a defense is an issue of law, it is called a legal defense.
    • An example of a factual defense is an alibi defense, which asserts that the defendant could not have committed the crime because he or she was somewhere else when the crime occurred. An example of a legal defense is a claim that the statute of limitations has expired, which asserts that it is too late for the government to prosecute the defendant for the crime.
    • An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. An affirmative defense is based on excuse when it claims that the criminal defendant should be excused for his or her conduct.

     

    This page titled 5.2.1: Key Points was last modified on Mon, 31 Aug 2026 19:19:49 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.