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If the Defendant in a Criminal Case Relies Upon a True

Question 34

Multiple Choice

If the defendant in a criminal case relies upon a true affirmative defense that his or her acts come within one of the exceptions in the statute creating the offense:


A) it is incumbent upon the prosecution to show that the exception does not apply to the defendant.
B) it is incumbent upon the defendant to show that his conduct and mental state were appropriate to meet the elements of that defense.
C) the burden of proving "not guilty" has been unconstitutionally shifted to the defendant.
D) the burden is on the prosecution to show guilt of all the elements of the crime, but then only by a preponderance of the evidence.

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