Quote:
Originally Posted by HailGreen28
Hey, OTM. Enjoyed reading your posts, as well as JoeR and RR's in this thread, even though you and I apparently disagree.
So, OTM, I really don't understand why you quote the standards for self defense, and then appear to think that the burden of proof rests with the defense in this case.
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this is an interesting case. i think everyone here is being "reasonable" in their approach and thoughts but yet we have a split of opinion on the warpath ..
im not a crim def atty, and it appears this has been covered ad nauseum in this thread since you posted .. but after spending 10 seconds i believe what has already been said in here ... the burden is on the defendant to establish a prima facie case of justified self-defense, then the burden swings back to the prosecution to prove beyond a reas doubt that the amount of force used in self defense was unjustified ....
and sufficient evidence to support a prima facie case can come from any where and anyone, it doesnt have to come from the defendant's own mouth or even from the defendant's witnesses . . just as long as the admitted evid at trial supports it . .