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To: dsc
“The burden of proof is on the state.” Umm...isn’t that one of our chiefest principles? Innocent until proven guilty?

Not in the case of affirmative defenses. In most states if you are trying to use "justification" as an affirmative defense against a murder or assault charge, the burden of proof is on you to show you were justified in committing what would otherwise be a crime.

The essence of the affirmative defense is: "Yes, I committed murder by killing that man, but I was justified in doing so because..."

That's the most important element of any "Stand Your Ground" or "Castle Doctrine" law - the legal presumption in favor of the self-defender, turning self-defense from an "affirmative defense" to a "presumption of innocence."

If your legislators are trying to pass such a law without that presumption in favor of the self-defender, they need to fix the bill.

14 posted on 04/08/2009 7:07:09 AM PDT by mvpel (Michael Pelletier)
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To: mvpel
The essence of the affirmative defense is: "Yes, I committed murder by killing that man, but I was justified in doing so because..."

I'm neither a lawyer or play one on TV, but I'm gonna call BS on that.

Defending oneself from an attacker is NOT murder.

23 posted on 04/08/2009 9:04:47 AM PDT by 4woodenboats (Obama went down on that Saudi King faster than an elevator whore in a 2 story building.)
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To: mvpel

“Not in the case of affirmative defenses. In most states if you are trying to use “justification” as an affirmative defense against a murder or assault charge, the burden of proof is on you to show you were justified in committing what would otherwise be a crime. “

Yes, and I have always considered that to be an unconscionable perversion of the state’s power.


28 posted on 04/08/2009 6:42:57 PM PDT by dsc (A man with an experience is never at the mercy of a man with an argument.)
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