When applying diminished capacity, the _____ must prove mens rea.

Question

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The prosecution must prove mens rea (or criminal intent) when applying diminished capacity as a defense. Diminished capacity is a defense argument that asserts that the defendant lacked the capacity to form the mens rea required for a specific crime due to a mental condition or defect at the time of the offense. The burden of proof rests with the prosecution to establish beyond a reasonable doubt that the defendant had a culpable mental state.

When Applying Diminished Capacity, the _____ Must Prove Mens Rea