[Vision2020] [Spam 4.00] Re: [Spam 3.90] Re: Concealed Hand Gun Laws

[Chuck Kovis]

Bob,

Off the top of my head:  Self defense is an affirmative defense. This 
means the Defendant has the burden of proof and must produce evidence of 
self defense after the state closes its case (in most cases the 
Defendant gives up his/her U.S. 5th Amendment and Idaho Art. 1 Sec. 13 
rights and testifies).  The burden then shifts to the state to disprove, 
beyond a reasonable doubt, that self defense doesn't apply AND must 
still prove the elements of the crime (murder, battery, etc.)  beyond a 
reasonable doubt.   The state carries a heavy burden, and rightly 
so.     Chuck Kovis