Who bears the burden of proof for insanity in most jurisdictions?

• A. The prosecution bears the burden to prove insanity beyond a reasonable doubt.
• B. The defense bears the burden to prove insanity, and the applicable standard varies by jurisdiction.
• C. Insanity is never a defense and carries no burden.
• D. The defense bears burden, but the standard is uniform across all jurisdictions.

Answer: (B)

The key idea is that insanity is an affirmative defense. In most jurisdictions, when a defendant raises the insanity defense, the burden falls on the defense to prove insanity at the time of the alleged act. The level of proof they must provide, however, is not the same everywhere—some places require a preponderance of the evidence, others require clear and convincing evidence. This variation comes from different statutes and case law across jurisdictions. So, the defense bears the burden to prove insanity, and the standard varies by jurisdiction. The prosecution doesn’t have to prove insanity, and there isn’t a single uniform standard governing all jurisdictions.