What is the burden of proving a defendant's affirmative defense in a drug case?
MultiRegion, United States of America
The following excerpt is from US v. Dominguez-Mestas, 687 F. Supp. 1429 (S.D. Cal. 1988):
The social cost of drug abuse in our country is undeniably devastating. Due Process does not require the prosecution to prove an absence of duress. Walker v. Endell, 828 F.2d, at 1381. Consequently, this court feels compelled to adopt the common law rule placing the burden of proving an affirmative defense on the defendant for the reasons just expressed, "peculiar" to a duress defense.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
What is the burden of proving that a defendant has lost a witness in a civil case? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden of proving that the evidence was insufficient to convict a defendant in a sexual assault case? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
What is the test for severance in a case where a defendant and his alleged co-defendant are charged in a sexual assault case? (MultiRegion, United States of America)
Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense? (MultiRegion, United States of America)
Is a defendant required to plead and prove to exhaust the affirmative defense? (MultiRegion, United States of America)
What is the burden of proving criminal intent against defendants in a civil case? (MultiRegion, United States of America)
Does a defendant have the burden of proving his duress defense by a preponderance of the evidence? (MultiRegion, United States of America)
