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Topic	Grand jury declines to charge a man who murdered homeless man
darkknight109 03/04/22 5:19:42 PM #28:	rjsilverthorn posted... In a trial, the burden of proof is on the prosecution, not the defense. The defense can allege self defense and the prosecution has to prove beyond reasonable doubt that it doesn't apply. Wrong. Self-defence is an affirmative defence - you are affirming that you did, indeed, commit the acts which are being ascribed to you (in this case, killing someone) but are claiming that it was legally justified due to the circumstances of the act in question. Other examples of affirmative defences include duress, insanity, and entrapment. When alleging an affirmative defence, the burden of proof shifts to the defence and it is now up to them, not the prosecution, to prove their case to the jury (to what standard depends on the laws governing the case). For that reason, defence attorneys tend to hate using them, since it typically makes their job harder. As soon as you claim an affirmative defence, the prosecution technically doesn't have to do a thing beyond that point - they could, if they so chose, present no witnesses or evidence and still have a chance of winning the case, because unless the defence proves their assertion the defendant is guilty by default. --- Kill 1 man: You are a murderer. Kill 10 men: You are a monster. Kill 100 men: You are a hero. Kill 10,000 men, you are a conqueror! <cite>darkknight109 posted [p:963170757] in Grand jury... [t:79927003]...</cite> <quote>rjsilverthorn posted... </cite> <quote>In a trial, the burden of proof is on the prosecution, not the defense. The defense can allege self defense and the prosecution has to prove beyond reasonable doubt that it doesn't apply.</quote>Wrong. Self-defence is an affirmative defence - you are affirming that you did, indeed, commit the acts which are being ascribed to you (in this case, killing someone) but are claiming that it was legally justified due to the circumstances of the act in question. Other examples of affirmative defences include duress, insanity, and entrapment. When alleging an affirmative defence, the burden of proof shifts to the defence and it is now up to them, not the prosecution, to prove their case to the jury (to what standard depends on the laws governing the case). For that reason, defence attorneys tend to hate using them, since it typically makes their job harder. As soon as you claim an affirmative defence, the prosecution technically doesn't have to do a thing beyond that point - they could, if they so chose, present no witnesses or evidence and still have a chance of winning the case, because unless the defence proves their assertion the defendant is guilty by default. --- Kill 1 man: You are a murderer. Kill 10 men: You are a monster. Kill 100 men: You are a hero. Kill 10,000 men, you are a conqueror!</quote> ... Copied to Clipboard!
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