I believe there are many other states that do NOT have CO's rule on burden of proof. I should have added that to my point.
CO is one of a few states that require the prosecution to prove sanity. Proving sanity means that the presumption is that Tee, sitting there, is in fact insane.
She must be proved sane. This, to me, is an extraordinary error in the way CO has constructed this law.
Just my opinion. We do *not* have that law in California nor does Alabama (so it's a diverse range of states that put the burden of proof on the defendant and the defendant is presumed to be sane).
Most states allow criminal defendants to plead not guilty by reason of insanity if they can prove they lacked mental capacity for the crime. Learn about the insanity defense among the states and more at FindLaw's Criminal Procedure section.
www.findlaw.com
I'm not going to tabulate the states here, but just reading from the top - it's mostly burden of proof on the
defendant.
IMO.