In the states that allow the use of insanity defense, the burden of proof is placed on the _____, and in most of these states, by a _____ standard. In the federal system and Arizona, a more demanding standard of proof by clear and convincing evidence is required.

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Quizplus · Accepted Answer

In states that allow the use of the insanity defense, it is typically the responsibility of the defense to prove the defendant was insane at the time of the crime, and they usually must do so by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt." This means the defense must show that it is more likely than not that the defendant was insane.

In the States That Allow the Use of Insanity Defense