What is an affirmative defense?

An affirmative defense is indeed characterized as a response that admits to the act in question while also providing justification or an excuse for that act. This means that rather than simply denying the claim or arguing that the accused did not commit the act at all, the party acknowledges that the act occurred but contends that there are valid reasons that absolve them of liability or guilt. Common examples of affirmative defenses include self-defense, insanity, or duress, where the defendant accepts that they committed the act but argues that there were circumstances that legally justify their actions.

This understanding of affirmative defense is crucial in both criminal and civil law contexts, as it shifts the burden of proof to the defendant, requiring them to substantiate the justification they are presenting while the prosecution or plaintiff maintains the onus to prove the case against them initially.