What is the burden of proof the defendant bears when proving his insanity?

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Originally Posted by mrfedders

What is the burden of proof the defendant bears when proving his insanity?

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What is the burden of prrof a defendant bears when proving his insanity

This is normally a state by state issue, even the meaning of what is insane ( not the actual word normally used) differe by state.

In general at the time of the crime was the person aware it was a crime, were they aware that it was wrong to do, and where they able to make a rational judgement in the crime.
Also during the trial, they will have to prove they are not able to aid in their own defense.

For example normally a person able to ask this question would not be.
The person would have to be so unaware that it would be almost obvous they are not capable and their attorney would then make the motions for them.

Hello mr:

In a civil procedure, he'd have to prove he was insane with a preponderance of the evidence.

In a criminal procedure, he'd have to hope that he's believed.

excon