Part I: Explain affirmative defenses, and identify at least three (3) examples of affirmative defenses and discuss their requirements.
Part II: Scenarios
An intruder broke into Gregory Mason's home at 3:00 am on March 15, 2010, with the intent to steal his expensive and rare coin collection. Asleep upstairs when he heard the noises in the middle of the night, Gregory, armed with a baseball bat, proceeded to beat the intruder nearly to death. He was charged with the crime of aggravated battery and is awaiting trial. Gregory is considering what options, if any, he has as a defense to the crime. If you are Gregory's defense lawyer, what type of defense would you suggest and why?
Patrick O'Sullivan was an invited guest at the home of his friend, Todd Smith. Along with a group of friends, the two were playing pool, drinking beer, and watching an NFL football game. As Patrick was walking to his car to head home for the evening, he heard a fight break out in the house. As Patrick reentered the house, Todd threw kerosene on him and threatened to light him on fire. Patrick pulled out his gun and fatally shot Todd three times in the chest. Did Patrick have a duty to retreat before using force in self-defense?
Timmy meets Jennifer at a party. Timmy and Jennifer decide to exchange phone numbers to go out at another time. Timmy calls Jennifer the following week and they go out to dinner. After dinner, Timmy takes Jennifer back to his apartment and they have sex. Timmy drops Jennifer off at home later that evening. The following day the police arrive at Timmy's and arrest him for statutory rape. In meeting with his attorney, Timmy tells him that he was not aware that Jennifer was underage and he should not be responsible for the crime because of his ignorance.
What will Timmy's attorney likely tell him? Should ignorance be an excuse in this crime?
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