Several statutory excuses that an accused might use to gain an acquittal at trial appear in the Texas Penal Code. Some of these excuses, such as insanity and duress, place the burden on the defendant to not only raise the issue at trial but to establish the excuse by the preponderance of the evidence. These excuses are known as:
A) behavioral negations.
B) affirmative defenses.
C) duck and cover defenses.
D) exceptions.
B
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What will be an ideal response?
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a. Trial may be by a court or jury. b. It cannot be punished by imprisonment, nor do you have a “right” to a jury trial or an appointed attorney. c. You may be sentenced up to six months in prison. d. It is considered more serious than a misdemeanor.