CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Burden of Proof
.........Criminal Matters
............Affirmative Defenses
7 Cards On This Topic:

D's burden of proof on affirmative defenses.

Permissible to shift burden of proof for affirmative defenses to D in criminal cases, but not elements of offense.

Where affirmative defense not "collateral" to guilt, D need only raise reasonable doubt.

Proper to place burden of proof to establish affirmative defense upon D; levels of proof described.

Trial court should have allowed D, who met standard of "qualified patient," to present Compassionate Use Act defense to possession of marijuana for sale.

Compassionate use defense of H&SC 11362.5 does not require defendant to present evidence s/he was "seriously ill."

D need only raise a reasonable doubt whether he or she qualifies for Compassionate Use Act defense for cultivating marijuana.