Which of the following describes an affirmative defense?

• A. The prosecutor must negate it
• B. The defense bears the burden to prove it
• C. The state bears the burden to negate it
• D. The prosecution not required to negate it; the state must present evidence to outweigh the defendant's evidence

Answer: (D)

An affirmative defense shifts some responsibility to the defense to present evidence that a defense applies. Once that defense is raised with some evidence, the state isn’t required to strike it down first in a separate step; instead, the prosecution must present evidence that proves the defendant’s guilt and overcomes the defense’s evidence. In other words, the burden is on the state to outweigh the defendant’s asserted defenses with proof beyond a reasonable doubt. That’s why this option best describes an affirmative defense: the prosecution isn’t merely asked to negate the defense on the spot; the state must present evidence to outweigh the defendant’s evidence.