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<blockquote data-quote="soberups" data-source="post: 955060" data-attributes="member: 14668"><p>One thing that needs to be pointed out is that claiming self-defense as a justification for killing someone is an <em>affirmative</em> defense. That means that, unlike a normal criminal trial where the defendant is presumed innocent, the burden of proof in a self defense claim <em>shifts</em> from the state to the defendant. Normally, if you are charged with murder you can plead innocent and the <em>state</em> bears the burden of proof beyond a reasonable doubt that you are guilty. By claiming self defense....you are <em>admitting</em> to killing the person and the burden of proof is now on <em>you</em> to show that the act was justified. In a case like this it is a very important distinction.</p></blockquote><p></p>
[QUOTE="soberups, post: 955060, member: 14668"] One thing that needs to be pointed out is that claiming self-defense as a justification for killing someone is an [I]affirmative[/I] defense. That means that, unlike a normal criminal trial where the defendant is presumed innocent, the burden of proof in a self defense claim [I]shifts[/I] from the state to the defendant. Normally, if you are charged with murder you can plead innocent and the [I]state[/I] bears the burden of proof beyond a reasonable doubt that you are guilty. By claiming self defense....you are [I]admitting[/I] to killing the person and the burden of proof is now on [I]you[/I] to show that the act was justified. In a case like this it is a very important distinction. [/QUOTE]
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