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Originally Posted by Aguila Blanca
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Originally Posted by kevinjmiller
Regardless of who has to prove what, and personally my operating understanding of affirmative defense even though IANAL is that I as a defendant would have to show that the facts of the situation meet the standard of the law, "duty to retreat" is more on the table for some states versus others and therefore should be considered in making a decision to shoot or not.
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Not all states posit self-defense as an affirmative defense. My state does not.
IANAL so I will not presume to discuss the nuances of whether or not statutory provisions for self-defense are or are not set forth as an affirmative defense. I'm pretty certain that Frank Ettin has covered this a time or three in the past, and he IS a lawyer.
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Frank has covered the basic outlines of SD law on many occasions. IMO,
here is one of his better posts on the topic. It might not answer the question at hand, but it is a helpful post on the basic outlines of uses of force.