Preponderance of evidence is a civil litigation bar. Reasonable doubt is criminal. Duty to retreat therefore would only require a reasonable doubt as to whether one could have retreated safely.
Some jurisdictions, like New York State for example, use the preponderance of the evidence standard of proof for an affirmative defense in a criminal case, where the burden is on the defendant. Self defense is an affirmative defense. Other states, after an affirmative defense is proffered by the accused in a criminal case, place the burden of proof on the state (i.e., to prove the self defense claim defective), and in those jurisdictions, the standard is, as you say, beyond a reasonable doubt. It varies by jurisdiction. There's no single rule on this.
Ah, you're citing NYS. I was citing American jurisprudence. Obvious deviation in law between the two.
Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
