New York Law (NYLE) Practice Exam

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

1. Entrapment

2. Renunciation

3. Duress

4. Justification

The correct answer is: Justification

Justification is not classified as an affirmative defense; rather, it serves as a defense based on the circumstances of the crime itself. In legal terms, justification is the assertion that the act committed was socially acceptable or warranted under the situation, often claimed in cases of self-defense or defense of others. It argues that the defendant should not be held legally responsible because their conduct was justified based on the immediate context. In contrast, affirmative defenses, such as entrapment, renunciation, and duress, focus on the defendant’s mindset or circumstances surrounding their decision to commit the offense. Entrapment contends that the defendant was induced by law enforcement to commit a crime they would not have otherwise engaged in. Renunciation involves the defendant demonstrating that they took steps to withdraw from criminal conduct, while duress argues that the defendant acted under immediate threat of harm, which overwhelmed their ability to choose otherwise. Understanding the distinctions between these terms is crucial, especially in distinguishing between defenses that relate to conduct deemed justifiable under the law versus those that seek to absolve the defendant from blame based on external pressures or influences.