What burden of proof does a defendant carry in a self-defense case?

In a self-defense case, the correct burden of proof that a defendant carries is that they bear both the burden of production and the burden of persuasion. This means that the defendant must not only present some evidence to support their claim of self-defense (the burden of production), but they also must convince the trier of fact (judge or jury) that their self-defense claim is valid (the burden of persuasion).

This approach recognizes the inherent right to self-defense while also placing responsibility on the defendant to substantiate their assertion. In legal terms, the defendant must demonstrate that they had a reasonable belief that they were in imminent danger and that their response was proportional to the threat posed.

The idea that the defendant only needs to show that an attack occurred oversimplifies the requirements. The situation often involves nuances such as reasonable belief and proportional response, which the defendant needs to articulate. Similarly, while the plaintiff holds the initial burden of proof in establishing a claim, once self-defense is raised, the burden shifts to the defendant to prove their defense. Additionally, character evidence about the defendant’s previous good character is not a requisite in demonstrating self-defense, as the focus is more on the circumstances of the encounter rather than on the individual's character history.