Posted: May 19th, 2017

Hillman is accused of murder after he killed a man in a bar fight. He claims that he acted under provocation and has introduced evidence in support of that claim

. Hillman is accused of murder after he killed a man in a bar fight. He claims that he acted under provocation and has introduced evidence in support of that claim. a. In some jurisdictions, the state would have the burden of proving the absence of provocation even if the applicable statute treats “provocation” as an affirmative defense. b. To get a murder conviction, the state would be constitutionally required to prove an absence of provocation beyond a reasonable doubt if the applicable statute makes “causing death without provocation” an element of murder. c. Both of the above. d. The state could not constitutionally place the burden of proof on the defendant with respect to the issue of provocation. e. All of the abo