Does a jury need to be instructed on the presumption of sanity at trial?

California, United States of America


The following excerpt is from People v. Mills, 147 Cal.Rptr.3d 833, 286 P.3d 754, 55 Cal.4th 663 (Cal. 2012):

id. at p. 355, 202 P.2d 53; cf. People v. Deloney (1953) 41 Cal.2d 832, 841842, 264 P.2d 532 [former 1105 (now 189.5) declares only a rule of procedure as to defendant's burden of going forward with evidence mitigating murder to manslaughter, and has no proper place in jury instructions].) An instruction on the presumption of sanity only complicates matters at the guilt phase by injecting the subject of sanity before it is at issue.13

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