In the field of
criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the
intent element), known as
defenses. The label may be apt in jurisdictions where the
accused may be assigned some
burden before a
tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the
government, which also must prove the
absence of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment.
