or indemnification for harm caused by the crime.4 Under our law, the defendant has the burden of proving an affirmative defense by a preponderance of the evidence. In determining whether the defendant has proven the affirmative defense by a preponderance of the evidence, you may consider evidence introduced by the People or by the defendant. A preponderance of the evidence means the greater part of the believable and reliable evidence, not in terms of the number of witnesses or the length of time taken to present the evidence, but in terms of its quality and the weight and convincing effect it has. For the affirmative defense to be proved by a preponderance of the evidence, the evidence that supports the affirmative defense must be of such convincing quality as to outweigh any evidence to the contrary. If you find that the defendant has not proven the affirmative defense by a preponderance of the evidence, then, based upon your initial determination that the People had proven beyond a reasonable doubt the elements of Compounding a Crime, you must find the defendant guilty of that crime. If you find that the defendant has proven the affirmative defense by a preponderance of the evidence, then you must find the defendant not guilty of Compounding a Crime.]
or indemnification for harm caused by the crime.4 Under our law, the defendant has the burden of proving an affirmative defense by a preponderance of the evidence. In determining whether the defendant has proven the affirmative defense by a preponderance of the evidence, you may consider evidence introduced by the People or by the defendant. A preponderance of the evidence means the greater part of the believable and reliable evidence, not in terms of the number of witnesses or the length of time taken to present the evidence, but in terms of its quality and the weight and convincing effect it has. For the affirmative defense to be proved by a preponderance of the evidence, the evidence that supports the affirmative defense must be of such convincing quality as to outweigh any evidence to the contrary. If you find that the defendant has not proven the affirmative defense by a preponderance of the evidence, then, based upon your initial determination that the People had proven beyond a reasonable doubt the elements of Compounding a Crime, you must find the defendant guilty of that crime. If you find that the defendant has proven the affirmative defense by a preponderance of the evidence, then you must find the defendant not guilty of Compounding a Crime.]
215-45(1)(b).docx