Burden of proof applies to the legal system, sure…I am saying he would have to prove he was “convinced”…like if I shoot someone in self defense, I have to prove there was a threat to my person instead of me not liking their hat. It is proving my thought process leading up to the event.
like if I shoot someone in self defense, I have to prove there was a threat to my person instead of me not liking their hat.
No, you don’t. The last state to place the burden of proof on you for defending yourself was Ohio, but they repealed their unconstitutional “Affirmative Defense” requirement in 2019. In every state, the burden is on the prosecutor to prove that your actions were not defensive, not yours to prove they were.
Likewise, it is the prosecutor’s burden to prove he was fraudulently “convinced”.
Burden of proof applies to the legal system, sure…I am saying he would have to prove he was “convinced”…like if I shoot someone in self defense, I have to prove there was a threat to my person instead of me not liking their hat. It is proving my thought process leading up to the event.
No, you don’t. The last state to place the burden of proof on you for defending yourself was Ohio, but they repealed their unconstitutional “Affirmative Defense” requirement in 2019. In every state, the burden is on the prosecutor to prove that your actions were not defensive, not yours to prove they were.
Likewise, it is the prosecutor’s burden to prove he was fraudulently “convinced”.
That definately makes killing folks a whole lot easier, as long as I am the only witness. “I defended myself, prove otherwise…kthnxbai!”.
It is not supposed to be easy to convict someone. It is a very high bar for a reason.