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  •  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.

    “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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