ILLINOIS SENTENCING POLICY ADVISORY COUNCIL    
ILLINOIS SENTENCING POLICY ADVISORY COUNCIL
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2025

Affirmative Defenses 101

Articles 4, 6, and 7 of the Criminal Code provides statutory affirmative defenses. Affirmative defenses are those where a defendant will admit that they committed a crime, but provide an excuse or justification why they should be punished less or not at all for the crime. Whether an affirmative defense prevents or reduces punishment is a decision for the jury. There are generally two categories of affirmative defenses, justification and exoneration.
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RESEARCH REPORT   101S