There are many different types of criminal defenses that can be employed by a criminal subject when charged with a crime. The criminal can claim justification for the crime they have committed and present a self defense case or the criminal defendant could employ an excuse defense claiming duress or diminished capacity. In the criminal justice system the defendant is provided an opportunity to show the court why they are not guilty for the crime they are being charged and put on a defense. The state or prosecutor is responsible for the burden of the proof in showing the defendant is in fact guilty. Because crimes are committed for many different reasons there are many different defenses that can be employed by the defendant.
The affirmative defense is a defense that must be proven to the court by the defendant. An affirmative defense includes defenses, such as self defense, where the criminal defendant claims they had no choice but to use force to protect them from the victim. In the case of People vs. La Voie the defendant was driving home from work when