06-03-2011, 01:32 PM
(06-03-2011, 12:37 PM)Adub Wrote: The burden of proving an affirmative defense is by the preponderance of the evidence. A bit less than reasonable doubt, but the burden is definitely on the defense. They have to offer a hell of a lot more than Casey's word.
This is bullshit, preponderance is a civil court "judge judy" level of proof.
criminal court demands reasonable doubt as it's threshold for the defence.
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
John Adams
John Adams