"In Wisconsin, as in most U.S. states, the prosecution bears the burden of disproving self-defense claims beyond a reasonable doubt. Thus, at his trial, Rittenhouse did not need to prove that each shooting in Kenosha was an act of self-defense; the prosecution needed to prove that this was not the case."
https://nymag.com/intelligencer/2021...-analysis.html
"In Wisconsin, self defense works like this: If a jury is convinced Rittenhouse reasonably feared he would be killed or seriously hurt by Joseph Rosenbaum, Anthony Huber and Gaige Grosskreutz, he would be found not guilty of most of the shootings.
Rittenhouse need only make "some showing" of self defense before the burden shifts to prosecutors to prove, beyond a reasonable doubt, Rittenhouse's belief only deadly force would save him was either dishonest or unreasonable."
https://www.jsonline.com/story/news/...ry/8469152002/
"Contrary to what many people may have thought, Rittenhouse didn’t have to prove that he was acting in justifiable self-defense. Rather, the state had to disprove at least one legal element of his self-defense claim, and do so beyond a reasonable doubt.
...
That the state had the burden of proof didn’t mean Rittenhouse could just pronounce “I did it in self-defense!” and sit down. He bore the “burden of production” — one component of the burden of proof — meaning he had to present facts that could be found by a jury to constitute valid defensive force.
The Wisconsin Supreme Court has made clear that the burden of production is a fairly low (if meaningful) bar in a case like Rittenhouse’s. The narrative that he laid out cleared it: Rittenhouse, who was carrying a rifle, said that he was chased by 36-year-old Joseph Rosenbaum and 26-year-old Anthony Huber, and that they grabbed his gun; 26-year-old Gaige Grosskreutz, who survived, admitted he pointed a handgun at Rittenhouse. It then fell to the prosecution to disprove at least some part of that narrative. Given the difficulty of the prosecutor’s task, experts had suggested that guilty verdicts would be a long shot.
That the burden of proof is on the state, not the young man wielding the gun, may seem surprising to many, but Wisconsin’s approach is the mainstream one. Virginia may be the last state that requires a defendant to prove that he or she was acting in self-defense, after Ohio reformed its law in 2019. State defensive-force statutes often vary widely in how they are written — with differences that can determine whether a defendant is found innocent or guilty — but putting the burden of proof on the prosecution is something nearly all of them have in common."
https://webcache.googleusercontent.c...&ct=clnk&gl=us