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In Regard to the Mental Element (Insanity) That May Be

Question 36

Multiple Choice

In regard to the mental element (insanity) that may be at issue in a criminal case:


A) requiring the defendant to prove the defense of insanity by clear and convincing evidence does not violate due process.
B) there is a presumption that the defendant is not sane and the prosecution must prove sanity before introducing any other evidence.
C) all the defendant has to do is claim insanity, thereby placing the responsibility on the prosecution to prove sanity.
D) all courts agree that insanity is an affirmative defense that must be shown by the defendant by a preponderance of the evidence.

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