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To: cuban leaf

No, you are a liar.

Self-defense claim is an affirmative defense and the burden of proof of it is on the defendant. Been that way.....

...forever.

Model Penal Code

In the US, Model Penal Code ยง3.04 contains an elaborate formulation for use of force, including when it is justified, and limitations on the justification.[2] The Model Penal Code is not official law in the United States. Many courts and states borrow heavily from it.

Common law cases

In People v. La Voie, Supreme Court of Colorado, 395 P.2d 1001 (1964), The court wrote, “When a person has reasonable grounds for believing, and does in fact actually believe, that danger of his being killed, or of receiving great bodily harm, is imminent, he may act on such appearances and defend himself, even to the extent of taking human life when necessary, although it may turn out that the appearances were false, or although he may have been mistaken as to the extent of the real actual danger.”


48 posted on 11/12/2021 2:04:01 PM PST by Az Joe ("Scratch a Liberal, and a Fascist bleeds")
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To: Az Joe

“In federal court the prosecution has the burden of disproving self-defense, once the claim has been properly raised...The federal standard is that once a defendant meets the initial burden of producing sufficient evidence for the judge to give a jury instruction on self-defense, the burden shifts to the government to disprove the defense beyond a reasonable doubt.”
https://www.cga.ct.gov/PS99/rpt%5Colr%5Chtm/99-R-0642.htm

It is important to note that “evidence” is not proof. Tawana Browley’s testimony was “evidence”, even though she it was determined that she lied.


54 posted on 11/12/2021 2:28:27 PM PST by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
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To: Az Joe

No, you are a liar.


No need for name calling. It is always possible that I am mistaken on this or that issue. It doesn’t mean that when I state my position I’m a liar.


56 posted on 11/12/2021 2:29:58 PM PST by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
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