A defendant acting under "extreme emotional disturbance" (EED) for which there was a reasonable explanation or excuse is the only exception cited in the KY Criminal Statute where a defendant shall
not be convicted of murder pursuant to
KRS 507.020 Murder.
Right or wrong, in KY, the emotional state of a defendant can be used as a shield -- a defense or mitigation to a crime. It's a fact that Stines' defense has been fighting for a reduced charge of Manslaughter since the preliminary hearing.
Unlike an "Insanity" defense where the defendant must prove they were insane at the time of the alleged crime pursuant to
KRS 504.020, seems to me the EED defense is very pro-defense, and where the burden falls on the prosecution to prove the defendant did not act under EED. Please see links below for more details.
For a Murder charge, the prosecution needs to prove the LACK of extreme emotional disturbance..... If the prosecution cannot prove that someone intentionally committed Murder WITHOUT the presence of EED, the defendant's charge may be reduced to Manslaughter in the First Degree.
Law Blog - The mental state of a criminal defendant can seriously affect the outcome of a criminal case. In fact, it can be determinative. Mental state is so
louisvillefirm.com