Free Republic
Browse · Search
News/Activism
Topics · Post Article

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.)
[ Post Reply | Private Reply | To 14 | View Replies ]


To: dsc

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.


29 posted on 04/09/2009 6:31:43 AM PDT by mvpel (Michael Pelletier)
[ Post Reply | Private Reply | To 28 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson