What are the different types of criminal defenses?

In Kansas, criminal defendants have the option of raising a variety of different types of criminal defenses to the charges they face. The two most common types of defenses are an “affirmative defense” or a “defensive justification.” An affirmative defense is one in which the defendant accepts that the facts of the case are true, but argues that there is a valid legal defense. Some common affirmative defenses used in Kansas include insanity, duress, entrapment, and the statute of limitations. A defensive justification is one in which the defendant argues that the actions they are accused of were not wrong, and that they were justified in taking them. Some common defensive justifications in Kansas include self-defense, defense of others, defense of property, and necessity. In some cases, the defendant may also raise the defense of “lack of intent.” This is when the defendant argues that they did not intend to do the act that they are accused of, and that they took it by mistake. Finally, another type of defense is “alibi.” This is where the defendant claims that they were somewhere else at the time of the alleged crime and could not have committed it. Overall, these are the most common types of criminal defenses used in Kansas. Depending on the situation, defendants may also be able to raise other types of defenses, such as a lack of sufficient evidence or an illegal search or seizure.

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