Quote from: Funtimes on November 05, 2010, 03:39:27 PM

You have to prove self defense it is your burden.  The state will say, "He killed the man... look at x x x x ." You would respond, "Yes, i did kill him.. However, It was because he was doing x, x, x, and x -- which made me feel for my life and I shot his ass."

Eh, I give up. I know what I am trying to say here...just can't get it into words.. 

Chuck

Let me know if I am off on this, but you're trying to figure out what's meant by an affirmative defense?

If so, it means that you have to admit you did the crime (manslaughter, murder if we're talking about killing someone in self defense). Then, after admitting the crime, you say "but he threatened me and I believe those threats were credible and I feared for my safety/life. Once the issue of self defense is raised, it then becomes incumbent on the state to disprove that.

The difference is that in places where self defense is not an affirmative defense, you never have to admit to manslaughter/murder in the first place. Therefore, if your case fails for some type of merit in the self defense issue, then the state then has to prove the manslaughter/murder case without any admission from you that you commited murder/manslaughter.

Hope that helps....

Quote from: vooduchikn on November 05, 2010, 04:01:56 PM

Quote from: Funtimes on November 05, 2010, 03:39:27 PM

You have to prove self defense it is your burden.  The state will say, "He killed the man... look at x x x x ." You would respond, "Yes, i did kill him.. However, It was because he was doing x, x, x, and x -- which made me feel for my life and I shot his ass."

Eh, I give up. I know what I am trying to say here...just can't get it into words.. 

Chuck

Let me know if I am off on this, but you're trying to figure out what's meant by an affirmative defense?

If so, it means that you have to admit you did the crime (manslaughter, murder if we're talking about killing someone in self defense). Then, after admitting the crime, you say "but he threatened me and I believe those threats were credible and I feared for my safety/life. Once the issue of self defense is raised, it then becomes incumbent on the state to disprove that.

The difference is that in places where self defense is not an affirmative defense, you never have to admit to manslaughter/murder in the first place. Therefore, if your case fails for some type of merit in the self defense issue, then the state then has to prove the manslaughter/murder case without any admission from you that you commited murder/manslaughter.

Hope that helps....

Yes...thanks for clearing this up.