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    mrfedders's Avatar
    mrfedders Posts: 2, Reputation: 1
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    #1

    Apr 2, 2008, 01:10 PM
    Burden of proof
    What is the burden of proof the defendant bears when proving his insanity?
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    mrfedders Posts: 2, Reputation: 1
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    #2

    Apr 2, 2008, 01:11 PM
    Quote Originally Posted by mrfedders
    What is the burden of proof the defendant bears when proving his insanity?
    What is the burden of prrof a defendant bears when proving his insanity
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 2, 2008, 04:29 PM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 2, 2008, 05:32 PM
    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

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