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Old June 14, 2014, 01:00 AM   #30
Chuck Dye
Senior Member
 
Join Date: June 28, 2002
Location: Oregon-The wet side.
Posts: 949
Quote:
Originally Posted by stephen426
...always "The State" vs. the defendant and the burden of proof lies with the state.
(emphasis added)

In cases where there are accusations of abuse or mental defect the burden can effectively be shifted to the defendant, 'though that should only occur when the defendant adopt an affirmative defense (I did it but the act was justified or I am not culpable due to age or insanity,) imposing potentially devastating social and financial burdens on the defendant, win or lose. Much of what I hear and read about "sensible" gun control involving mental health smacks of a grand new tool for the enrichment of lawyers and the devastation of those accused for invalid reasons.
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