Article 25: Defenses in GeneralJuly 25, 2012
Defenses; burden of proof.
- When a “defense, “ other than an “affirmative defense, “ defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt.
- When a defense declared by statute to be an “affirmative defense” is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence.