06-03-2011, 12:56 PM
So this pretty much says that the defense does have the burden of proof seeing as Bozo now says that the State got it all wrong. And Bozo placed the defendant at the scene of the crime.
Quote:An affirmative defense is also allowed under rules of Criminal Procedure. For example, a defendant accused of assault may claim to have been intoxicated or insane, to have struck out in Self-Defense, or to have had an alibi for the night in question. Any one of these affirmative defenses must be asserted by showing that there are facts in addition to the ones in the indictment or information charging the defendant and that those additional facts are legally sufficient to excuse the defendant.