In a criminal prosecution, a defendant raises the affirmative defense of self-defense. Which of the following most accurately describes the allocation of the burdens of proof in a jurisdiction that follows the majority rule?
The prosecution bears the sole burden of proof and must negate the possibility of self-defense from the outset of the trial.
The defendant must prove the elements of self-defense by a preponderance of the evidence.
The defendant must prove self-defense beyond a reasonable doubt.
The defendant has the burden of production to raise the issue of self-defense, after which the prosecution must disprove the defense beyond a reasonable doubt.
The correct answer reflects the majority rule in the United States regarding the burden of proof for a classic affirmative defense like self-defense. In this approach, the defendant bears the initial burden of production, meaning they must present some evidence to properly raise the defense. Once the defendant has met this burden, the burden of persuasion shifts to the prosecution, which must then disprove the defense beyond a reasonable doubt to secure a conviction.
Other approaches exist. A minority of states place the burden of persuasion on the defendant, requiring them to prove self-defense by a preponderance of the evidence. The U.S. Supreme Court held this approach to be constitutionally permissible in Patterson v. New York. The other distractors are incorrect because they misstate either the standard of proof (e.g., "beyond a reasonable doubt" for the defendant, or "preponderance of the evidence" for the prosecution) or the party who holds the burden.
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What is an affirmative defense in a criminal trial?
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Why is the burden of proof on the prosecution in criminal trials?