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Understanding Non-Affirmative Criminal Defenses (National Overview)


Created on October 07, 2016




This lecture describes non-affirmative criminal defenses in the national context. Topics include: (1) the constitutional right to present a defense, (2) "SODDIT," or "Some Other Dude Did It," (3) Alibi, and (4) Defects in the State's Proof.

Learning Objectives: 

  1. Review the major differences between jurisdictions as to issues such as burdens of proof, alibi evidence, and defects in the state's proof
  2. Understand the practical issues and pitfalls of presenting non-affirmative defenses, including strategy, tactics, instructions, and typical evidentiary issues

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