Legal Definitions - infirmative hypothesis

Definition: In criminal law, an infirmative hypothesis is an approach to a criminal case where the defendant's innocence is presumed, and any incriminating evidence is explained in a way that is consistent with that assumption.

Example: Let's say that a man is accused of stealing a car. An infirmative hypothesis approach would assume that the man is innocent and then try to explain any evidence that suggests otherwise. For instance, if the man's fingerprints were found on the car, the defense might argue that he had borrowed the car from a friend and had no idea it was stolen.

Explanation: The infirmative hypothesis approach is used to challenge the prosecution's case by assuming the defendant's innocence and then trying to explain any evidence that seems to suggest otherwise. By doing so, the defense can create reasonable doubt in the minds of the jury and potentially secure an acquittal for their client.