Georgia Suggested Pattern Jury Instructions, Criminal Cases
AFFIRMATIVE DEFENSES

§ 3.00.00 Affirmative Defense; Definition; Burden of Proof

The defendant has raised a defense that even if he committed the act described in the indictment, there are circumstances that (justify) (excuse) (mitigate) it. Once this defense is raised, the state must disprove it beyond a reasonable doubt.

Note to Judge: Give this charge only if requested, as it is unnecessary for the jury and can be confusing. Any of the defenses below (see sections 3.10.10, 3.12.10, 3.14.10, 3.20.10, 3.22.10 and 3.26.10) commonly referred to as “affirmative defenses” can be raised by admission of defendant, the state’s evidence, evidence by a 3rd party or by circumstantial evidence. The question of whether or not such a defense is raised is a question for the trial judge. Slight evidence from any of these sources is sufficient to raise an affirmative defense. If not, no charge on the defenses below need be given. If so, regardless of whether defendant admits same or not the respective charge should be given unless expressly waived by the defense. If an affirmative defense is raised and the judge charges thereon, the jury must be told that in addition to all the other elements of the offense charged, the state must negate or disprove the respective affirmative defense beyond a reasonable doubt. A defendant is entitled to raise conflicting defenses, whether affirmative or not.

 

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