06-03-2011, 01:20 PM
my only point Dick, was that if in fact he is going to mount an affirmative defense, he must provide backup/proof/evidence.
Because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff (the state in this case), generally the party who offers an affirmative defense bears the burden of proof. The standard of proof is typically lower than beyond a reasonable doubt. It can either be proved by clear and convincing evidence or by a preponderance of the evidence. In some cases or jurisdictions, however, the defense must only be asserted, and the prosecution has the burden to prove beyond a reasonable doubt that the defense is not applicable.
Because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff (the state in this case), generally the party who offers an affirmative defense bears the burden of proof. The standard of proof is typically lower than beyond a reasonable doubt. It can either be proved by clear and convincing evidence or by a preponderance of the evidence. In some cases or jurisdictions, however, the defense must only be asserted, and the prosecution has the burden to prove beyond a reasonable doubt that the defense is not applicable.