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Re: Dunn convicted of attempted murder; hung jury on murder in 'loud-music' trial
Not even a whiff.Self defense is an affirmative defense and the burden of proof is on the defense to show clear and convincing evidence that the defendant's actions were reasonable. It is not enough to just claim that the situation was stressful or unfamiliar, he has to demonstrate that his use of deadly force was reasonable. "Reasonable" is not so broad a term as to be just what the defendant believes to be reasonable, but more narrow than that. And to the benefit of the defense the burden of proof is not even the same as the prosecution must demonstrate (beyond a reasonable doubt). All the defense needs to do is demonstrate clear and convincing evidence. In the Dunn case there was none of that.