When the court considers the "sanity" of a defendant it is presumed that the person is insane and the prosecution must affirmatively show the defendants sanity to proceed.

Question

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When a court considers the "sanity" of a defendant, it is not presumed that the person is insane. Instead, it is presumed that the defendant is sane and the defense must affirmatively prove that the defendant is insane to be excused of criminal responsibility.

When the Court Considers the "Sanity" of a Defendant It