Can a jury determine whether a defendant was insane at the time of the crime?
California, United States of America
The following excerpt is from People v. Shumey, 2d Crim. No. B248364 (Cal. App. 2014):
1119-1123, superseded on other grounds by statute [unanimous expert opinion that defendant was insane at the time of the offense].) We do not reweigh the evidence or substitute our opinion for that of the trier of fact. (People v. Albillar, supra, 51 Cal.4th 47, 60; People v. Chavez, supra, 160 Cal.App.4th 882, 891 [jury could determine sanity where expert opinions conflicted].)
The judgment is affirmed.
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