The Burden on Particular Defenses in Criminal Cases

Authors

Abstract

If it needs be that excuses be given for further discussion of this hoary question of burden of proof, they may be found in the fact that courts provoke it by doing such unreasonable things. In State v. Morrison (S. C.), 113 S.E. 304, it is held that the burden of proof is on defendant to satisfy the jury that he acted in self-defense, and that if there is not a preponderance of the evidence in favor of the defendant on this issue, and in consequence he fails in this defense, yet that such evidence may be considered in determining whether the guilt of defendant is proven beyond a reasonable doubt. The case illustrates well the difficulties courts fall into when burdens are put on defendants in criminal cases which the recognition of fundamental principles would not permit.

Recommended Citation

The Burden on Particular Defenses in Criminal Cases, 21 Mich. L. Rev. 203 (1922).
Available at: https://repository.law.umich.edu/mlr/vol21/iss2/6