“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.
Yep, and that’s why so many states have been pushing the so-called “Castle Doctrine” or “Stand Your Ground” laws, which restore the presumption of innocence to someone who was defending themselves from criminal attack.