Conn. Crim. Jury Instr. 2.9-1

An affirmative defense constitutes a separate issue or circumstance that mitigates the degree of,

or eliminates, criminality or punishment. An affirmative defense is one that seeks to justify,

excuse or mitigate the act charged.

To prove an affirmative defense, the defendant must establish the defense by a preponderance of

the evidence.

1 The defendant does not have to prove it beyond a reasonable doubt, as the state

has to prove the elements of the crime. Preponderance of the evidence means that after you have

considered all the evidence fairly and impartially, you have come to a reasonable belief that what

is sought to be proven is more likely true than not true. This means that you take all of the

evidence that has been offered on this issue by both the defendant and the state and weigh and

balance it. If the better and weightier evidence inclines in the defendant’s favor, then the

defendant has sustained (his/her) burden of proving (his/her) affirmative defense of <insert

affirmative defense> by a preponderance of the evidence.

If you find that the defendant has proved the affirmative defense of <insert affirmative defense>

by a preponderance of the evidence, then you must find the defendant not guilty of <insert

offenses to which defense applies>.

1 General Statutes § 53a-12 (b).

2 See State v. Aviles, 277 Conn. 281, 317 (2006), and State v. Ortiz, 217 Conn. 648, 670 (1991).