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View Diary: Watch Julian Assange Vaporize TIME's Credibility in ABC - Stephanopoulos 'Grilling' - LOL! (199 comments)

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  •  Aw, to heck with that, here you go. (0+ / 0-)

    Supreme Court: Walton v. Arizona: aggravating circumstances can be subjected to different guidelines than beyond a reasonable doubt.

    United States v. Urrego-Linares: The government bears the burden of proof on aggrevating factors that increase the sentence from a base case, the defendant on those which decrease it, with a preponderance view.

    Texas: Affirmative defenses are measured by a preponderance of evidence.

    New York: Same

    California: “Self-defense being an affirmative defense, it must, in a civil action, be established by the defendant by a preponderance of the evidence.”

    There's the feds and over a quarter of the US population.  Your turn, that should keep you busy for a bit.

    •  Whoops, wrong link for CA. (0+ / 0-)

      Meh, I'm too tired to look up the right one.  We'll call it three states so far, not four, and I'll check CA again later.  Your turn.

    •  Let's look at them. (0+ / 0-)

      It's possible Texas does NOT consider self-defense to be an affirmative defense, considering you're allowed to KILL someone for stealing your neighbor's property. I looked up the statute for self-defense in Texas, and it doesn't specify what level of persuasion is required.

      California.
      “Self-defense being an affirmative defense, it must, in a civil action, be established by the defendant by a preponderance of the evidence.” (Bartosh v. Banning

      In a civil action preponderance of evidence is the standard. That's not criminal.

      New York, same thing as Texas.
        2.  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.

      Which New York statute specifies self-defense as an affirmative defense? It may be, as I said, states differ.

      Please proceed, Governor.

      by USArmyParatrooper on Mon Jul 01, 2013 at 05:25:33 PM PDT

      [ Parent ]

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