that was my understanding of Branca

maybe I'll put it out next weekend and give it another read

Affirmative defense means you did something but were justified in doing something, iirc.

google says affirmative defense does _not_ necessarily mean the burden of proof is on the defense

if self defense required the burden of proof on the defendant, it would be almost always useless

https://www.law.cornell.edu/wex/affirmative_defense

I don't think that short sentence gives this a full understanding

just google around `"burden of proof" "self defense" "affirmative defense"`

"In its broadest reach, a purely procedural insistence on proof beyond a reasonable doubt might lead to the invalidation of every "defense"to criminal liability. All defenses shift at least the burden of production to the accused. If neither the defendant nor the government provides evidence suggesting self-defense, for example, the issue is resolved in favor of the state, and no instruction on the point is given to the jury." https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=6552&context=ylj

so you are mugged at night

you kill the guy with your gun

there is no evidence that he did anything to you

you call the police

you call your lawyer

you go to prison?

Do you think the state is really going to try and be fair to you?

dunno

No.

They only have to prove you shot and killed someone.

good to know, I'll keep this in mind next time it is applicable 😛

It's up to you to claim you did it in self defense.

Because you did kill people, and that's likely proven.

(At least in this case it is almost certainly proven)

You'll learn about how prosecutors think when you're reading Robert's book. :P

They're usually not looking at your best interests.

Otherwise why would we need defense lawyers?

There are some good prosecutors out there, but there are various things keeping them doing their job for the state and in the favor of the state.

I get the prosecutors

I never implied the prosecutors are nice

but you are not talking about prosecutors

you are talking about the law

going back to the ballistics discussion

it is quite common, when someone is shot, that they turn and twist as they fall down

so the whole bullet in the back thing is probably a result of that

wasn't one of the shots in the hip or thigh?

thing is, I only counted 4 shots being fired by Rittenhouse. the ME listed 5 wounds, right?

@Neph (Nec) / Krystaps (War) there was a second shooter according to the video...

https://mobile.twitter.com/trbrtc/status/1298840368478326785

@JonM16, you just advanced to level 5!

Robert has a book out??

He does. He mentions it in his live streams.