06-03-2011, 01:02 PM
(06-03-2011, 12:37 PM)Adub Wrote:(06-03-2011, 12:13 PM)Lady Cop Wrote: no the defense does not have the burden of proof. but his opening was what i would consider an affirmative defense, which would require some basis in fact, i.e. proof.
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 correct.
"I believe they have almost relieved the state of their burden of proof by making such strong assertions in opening statements," said Karin Moore, a professor at Florida A&M University's College of Law. "They are going to have to prove it now. It is going to be a difficult task for them."