Defenses: Special Defenses & Other Defenses

Descriptions of two different types of defenses: special defenses & other defenses:

Special Defenses

courtmartialdefenselawyers11.05.07 2A Special Defense is the military’s equivalent to an affirmative defense. It is a justification for the accused having committed the crime. It differs from other defenses because the defendant admits that he or she did, in fact, break the law.   The accused asserts that he had a good reason for having done so, and therefore should be excused from all criminal liability.

Other defenses

Unlike Special Defenses, with “other defenses,” such as alibi and mistaken identity, the accused denies commission of the crime. R.C.M. 916(a).