Does a defendant who seeks a finding of mental incompetence bear the burden of proof thereon?
California, United States of America
The following excerpt is from People v. Rells, 22 Cal.4th 860, 94 Cal.Rptr.2d 875, 996 P.2d 1184 (Cal. 2000):
Notes:
1. People v. Bye (1981) 116 Cal.App.3d 569, 573, 172 Cal.Rptr. 186. See also California Judges Benchbook: Criminal Proceedings (CJER 1999 supp.) section 3.9, page 147 (implying that when it is the defendant who "seek[s] a finding of [mental] incompetence," it is he who bears the burden of proof thereon).Notes:
2. See People v. Bye, supra, 116 Cal.App.3d at page 573, 172 Cal.Rptr. 186. See also California Judges Benchbook: Criminal Proceedings, supra, section 3.9, page 147 (implying that, in any given action, it may be the People, and not the defendant, who "seek[] a finding of [mental] incompetence," and who thereby bear the burden of proof thereon).
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