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Affirmative defenses differ from state to state, as well as the burden of proof for the defendant in proving an affirmative defense also differs. State legislatures persuaded by "law-and-order" arguments have rewritten criminal laws to foist more of the burden at trial onto the criminal defendant.
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Stephen A. Ecenia is a founding principal of Rutledge Ecenia, P.A. and serves as President of Rutledge Ecenia, P.A. He has been practicing Administrative and Health Law in Tallahassee since 1982.
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