ASIS International (ASIS) Professional Certified Investigator Practice Exam

Which type of defense allows a defendant to acknowledge committing a crime while providing a legal reason?

1. Affirmative defense

2. Insanity defense

3. Plea bargain

4. Self-defense

The correct answer is: Affirmative defense

An affirmative defense is a legal strategy where the defendant admits to committing the act in question but asserts a valid justification or legal reason for their actions that can absolve them of liability. This can include defenses that demonstrate circumstances surrounding the incident that either mitigate the offense or make it legally permissible under the law. For instance, in cases involving self-defense, the defendant may acknowledge that they caused harm but argue that their actions were necessary to protect themselves from imminent danger, thus framing it within a legal context that justifies their conduct. This is contrasted with general denial defenses, where the defendant might argue they did not commit the act at all. Other options like the insanity defense focus specifically on the mental state of the defendant at the time of the crime, arguing that they lacked the capacity to understand their actions were wrong. Plea bargaining is a negotiation where the defendant may plead guilty to a lesser charge instead of going to trial, while self-defense is a specific justification strategy rather than a broad legal category.