AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.71.040(b)
Misconduct Involving a Controlled Substance - Fourth Degree - Affirmative Defense - Private Residence
, the defendant in this case, has asserted an affirmative defense to misconduct involving a controlled substance in the fourth degree. To establish this affirmative defense, the defendant must prove that the following statement is more likely true than not true:
the prohibited conduct took place entirely within a private residence.
The burden is on the defendant to prove this affirmative defense. The defendant does not have to prove it beyond a reasonable doubt. Rather, the burden is on the defendant to prove this affirmative defense by a preponderance of the evidence, which is a lower standard than beyond a reasonable doubt. Preponderance of the evidence means "more likely true than not true."
If you find that the state has proved beyond a reasonable doubt each of the elements of the crime of charged in count _____ but you also find that the defendant has proved this affirmative defense by a preponderance of the evidence, then you must find the defendant not guilty on that count.
History
Alaska Criminal Pattern Jury Instructions 11.71.040(b), dated Added 2011. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
6271cbf0234ba4bb4d546cc520a9aec3792c4b0114b35320b334b1e558ddc535
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