Legal Definitions - true defense

A true defense refers to a legal argument or set of facts presented by a defendant that, if proven, completely absolves them of guilt or liability for the alleged offense or claim. Unlike simply denying the facts presented by the prosecution or plaintiff, a true defense introduces an affirmative legal reason why the defendant should not be held responsible, even if some of the basic actions they are accused of are true. It provides a justification, excuse, or other legal basis for avoiding conviction or liability.

• Example 1: Self-Defense in a Physical Altercation

  Imagine a situation where Alex is walking home and is suddenly attacked by a stranger. Alex, fearing for their safety, uses physical force to fend off the attacker, resulting in the attacker sustaining injuries. If Alex were later charged with assault, they could raise a self-defense argument.

  This illustrates a true defense because, while Alex undeniably used force against another person (which would typically constitute assault), the law recognizes that using reasonable force to protect oneself from imminent harm is justified. If Alex successfully proves they acted in self-defense, they would be found not guilty, despite having physically harmed another individual.

• Example 2: Insanity Defense in a Criminal Case

  Consider a scenario where Sarah, suffering from a severe mental illness, commits an act that would otherwise be considered a serious crime, such as vandalism or theft. At the time of the act, her mental state prevented her from understanding the nature of her actions or that they were legally or morally wrong.

  Sarah's legal team could present an insanity defense. This is a true defense because it doesn't deny that Sarah performed the actions, but rather argues that due to her mental state, she lacked the criminal intent or capacity required by law to be held responsible for the crime. If successful, she would typically be acquitted of the crime and might instead be committed to a mental health facility.

• Example 3: Duress as a Defense to a Minor Offense

  Suppose Mark is approached by a dangerous gang leader who threatens to harm Mark's family if Mark does not participate in a minor act of vandalism, like spray-painting a wall. Fearing for his family's safety, Mark complies and spray-paints the wall. When caught, Mark could argue duress.

  This demonstrates a true defense because Mark admits to the act of vandalism, but argues that he was compelled to commit it under an immediate and credible threat of serious harm, which overrode his free will. The law may excuse certain actions committed under such extreme compulsion, recognizing that Mark's actions were not truly voluntary.