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

Tom Hansen thansen at moscow.com
Thu Dec 13 07:32:16 PST 2012


I believe that the law permits a person to apply "sufficient force" as self-defense to restrain the attacker.

Courts define appropriate "sufficient force" in a case-by-case basis.

Seeya round town, Moscow, because . . .

"Moscow Cares"
http://www.MoscowCares.com
  
Tom Hansen, CPL  (Commie Pinko Liberal)
Moscow, Idaho
 

On Dec 13, 2012, at 7:26 AM, Chuck Kovis <ckovis at turbonet.com> wrote:

> 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
> 
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