Quote:
Originally Posted by ThunderBalls
I was going to mention affirmative defense days ago but I knew most of the tards on here would react just like they have.  |
This still requires the state to prove beyond a reasonable doubt, every element of their case.
As I understand it, an Affirmative Defense as part of a Self Defense defense requires the defendant to concede the states claims against him. There is no reason to do this when its a slam dunk win for the defense... its a tool of last resort or used in the case of insanity or other oddball defenses that concede the defendant committed the crime. For example, a psychotic axe murder cuts up a bunch of children and is caught in the act and doesn't deny any of the facts.... concedes he did it and pleads insanity. The defense in this case is not conceding the defendant committed 2nd degree murder. The state in this case seems to be miles away from proving every element beyond a reasonable doubt.
All that said, the burden of proof is never on the defendant, the burden of proof is always on the prosecution as the presumption of the innocence of the defendant exists... proving your innocence assumes guilt.