Affirmative Defenses in General

 

Franklin County Criminal Law Casebook

Reproduced with permission from:
David L. Strait and the Franklin County Public Defender Office
 

R.C. 2901.05(A) -- On an affirmative defense the defendant bears both the burden of going forward with the evidence and the burden of proof by a preponderance of the evidence.
 
R.C. 2901.05(C) -- An affirmative defense is either: (1) designated by statute as such; or (2) "A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which he can fairly be required to adduce supporting evidence."
 

Publishing Information

Published by David L. Strait
 
Copyright © Franklin County Public Defender and David L. Strait, 2015
 
Contents may not be duplicated without express permission.

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