Multiple choice

Who must prove "criminal insanity" if that is used as a defense?

  1. prosecutor (State)

  2. defendant's lawyer

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Criminal insanity is an affirmative defense, meaning the defendant admits to the act but argues they lack the mental capacity to be held criminally responsible. Because the prosecution is not required to disprove insanity initially, the burden of proving this defense falls on the defendant's lawyer.