← back to the Substrate Record
qid 1650 · law
Question: A husband is charged with murder in the shooting death of his brother-in-law. In the jurisdiction in which the husband is on trial for murder, the defense of insanity is an affirmative defense. The husband pleads insanity as his defense. At trial, in order to prove his defense of insanity, the husband has
- neither the burden of production nor the burden of persuasion.
- the burden of proof beyond a reasonable doubt.
- the burden of production.
- the responsibility to demonstrate a history of mental illness.
- the requirement to provide substantial evidence of his insanity at the time of the crime.
- the obligation to provide expert medical testimony.
- the duty to prove his innocence.
- the necessity to convince the jury of his mental instability.
- the burden of persuasion only.
Our answer: C. the burden of production. Source quote machine-checked (at mint)
How it was answered
Stored formula / worked method, replayed by code
Current source
Leland v. Oregon, 343 U.S. 790 (1952) -- a State may require the defendant to prove insanity, there beyond a reasonable doubt.
Source weak (edition_page)
If you have a Citable Source to dispute or challenge this, ADD IT so we can correct the answer by appending, never deleting. — hello@lianabanyan.com