In Hoagland, the defendant wanted to assert a necessity defense to the crime of driving while under the influence. ![]() Did the Supreme Court of South Carolina uphold the defendant’s conviction for the murders? The case is available at this link. However, the instruction did not state that the prosecution’s burden of disproving self-defense was beyond a reasonable doubt. ![]() The jury instruction given during the defendant’s trial stated that the prosecution had the burden of disproving self-defense. The defendant claimed he acted in self-defense. In Burkhart, the defendant was convicted of three counts of murder. Is this an affirmative defense? Why or why not? Carol puts on a defense that proves her conduct was accidental, not intentional.
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