What is the test for requiring a defendant to prove insanity beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Babbitt, 248 Cal.Rptr. 69, 45 Cal.3d 660, 755 P.2d 253 (Cal. 1988):

13 Leland v. Oregon (1952) 343 U.S. 790, 72 S.Ct. 1002, 96 L.Ed. 1302 (state may constitutionally require defendant to prove insanity defense beyond a reasonable doubt).

14 Rivera v. Delaware (1976) 429 U.S. 877, 97 S.Ct. 226, 50 L.Ed.2d 160 (state may require defendant to prove insanity defense by a preponderance of the evidence).

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