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Is the defendant presumed to be sane until proven otherwise

Resolved Question:

Is the defendant presumed to be sane until proven otherwise? Explain.
Submitted: 8 years ago.
Category: Legal
Expert:  LawTalk replied 8 years ago.
Good morning,

Yes, a defendant is presumed to be sane unless proven otherwise. Insanity, in criminal law is what is known as an affirmative defense to a crime. If it is not raised, and then proven, then it is waived. There is an initial presumption that every criminal defendant is sane for purposes of participating in their own trial, and at the time the alleged crime was committed.

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