GA 3.00.00 Affirmative Defense; Definition; Burden of Proof

State: Jury Instruction Number:

GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003)

GA  3.00.00 Affirmative Defense; Definition; Burden of Proof

An affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse, or mitigate it. Once the issue of an affirmative defense (except the defense of insanity*) is raised, the burden is on the State to disprove it beyond a reasonable doubt.