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JWeinCom on 16 May 2020
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sundin13 said:
JWeinCom said:

It actually doesn't need to be proven that the shooter had a reasonable he was in danger.  With that type of defense, if it is claimed, the burden of proof is on the prosecutor, who has to prove it beyond a reasonable doubt (in some jurisdictions).  All the killer has to say is "I acted in self-defense", and then the prosecution has to prove otherwise.  Based on the facts I don't see how that can possibly be refuted.

While you are mostly correct, I don't believe that counters what I had said. Typically (and this does appear to be the case in GA), the defendant does have to produce some evidence of self-defense, meaning more than simply saying so, before the burden of proof shifts to the prosecution. Small difference which doesn't really have any functional impact here in this case.

Like I had previously stated, I wouldn't stake my case on this single condition, but that does not mean that it is not a relevant condition and if I were a lawyer, I would likely bring it up as one of the many reasons why "self-defense" is not valid in this case.

No... that's just not the case.  Burden of proof is on the prosecution for any justification defense *at trial*.  It's not a "typically" thing, it doesn't shift from jurisdiction to jurisdiction, this is a cornerstone of criminal law.   The defense does not need to say anything more.  However, if they don't make their case to the jury, they're probably going to find in favor of the prosecution.  If the defense can prove there is no case before trial, they can have the charges dropped, but if we're talking about an actual trial, then burden of defense is on the prosecution. 

Shooter says "I believed I was was acting lawfully and I was attacked with unlawful force".  What argument could you possibly make against that? If you were a lawyer, you actually don't want to throw the kitchen sink at a case.  When one of your points is easily blown up, that loses credibility.  You don't want to lob a softball to the other side.