Multistate Bar Examination Practice Question

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.