Del. P.J.I. Crim. No. 11.1231

RETRACTION OF FALSE STATEMENT [AFFIRMATIVE DEFENSE]

In this case, Defendant has asserted the affirmative defense of Retraction of

a False Statement to the charge of Perjury. In order to establish this affirmative

defense, Defendant must prove each of the following three (3) elements by a

preponderance of the evidence:

(1) Defendant retracted the false statement in the course of the proceeding

in which it was made;

(2) Defendant retracted before the false statement substantially affected the

proceeding; and

(3) The retraction occurred before it had become obvious the falsity of the

statement was or would have been exposed.

Proof by a preponderance of the evidence means proof something is more

likely than not. It means certain evidence, when compared to the evidence opposed

to it, has the more convincing force and makes you believe something is more likely

true than not. Preponderance of the evidence does not depend on the number of

witnesses. If the evidence supporting the existence of the defense is evenly

balanced, then Defendant has not proved the existence of the defense by a

preponderance of the evidence, and you must find against Defendant on that point.

The state has no burden to present any evidence on this matter.