Gun Control & RKBA
In reply to the discussion: Ann Coulter States SYG Laws Have Nothing To Do With Zimmerman Situation [View all]COLGATE4
(14,886 posts)Let's look at your statements:
"To compare them as you have here is equal to comparing apples and oranges.".
I am not 'comparing them'. I was simply trying to illustrate that both are instances of an affirmative defense. In any case of affirmative defense the burden of proof is always on the Defendant, not the State for the reasons I've already explained.
"The burden of proof that a crime was a committed and charges should be filed against someone rests with the state."
It generally does but there is an exception when the Defendant pleads an affirmative defense.
"Given that justifiable homicide is not a crime, unless the state has sufficient evidence to show a homicide was NOT justified, they should not be able to file charges against somebody".
There is no thing as 'justifiable homicide'. There may be a homicide where the person who committed a homicide can allege a legal excuse for having done so but it is still a crime of homicide.
You can disagree with whether you believe the law should be the way it is, but your belief doesn't change what the law is or how it is applied.