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onenote

(46,274 posts)
5. The defendant does not even need to meet a preponderance standard
Fri Jul 12, 2013, 06:33 AM
Jul 2013

In Florida (and some other jurisdictions), the defendant only has to meet a burden of going forward. That is, the defendant has to offer evidence that, if true, would support a claim of self-defense. The defense does not have to prove the truthfulness of that evidence. Rather, the state has the burden of proving, beyond a reasonable doubt, that the defendant did not act out of self defense.

Here is a statement from a leading Florida case on self-defense: "the law did not require defendant to prove his justification of self-defense to any standard measuring an assurance of truth. He did not have to prove the exigency of self-defense to a near certainty (reasonable doubt) or even to a mere probability (greater weight). His only burden was to offer additional facts from which it could be true, that his resort to such force could have been reasonable."
Murray v. State, www.4dca.org/Sept%202006/09-13-06/4D05-3691.op.pdf.

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