What is the burden of proving a defendant incapable of knowing or understanding the nature and quality of his act?
California, United States of America
The following excerpt is from The People v. Castaneda, B213678, No. PA040924 (Cal. App. 2010):
Defendant bore the burden of proving by a preponderance of the evidence that he was incapable of knowing or understanding the nature and quality of his act or distinguishing right from wrong at the time of the commission of the offense. (Pen. Code, 25, subd. (b); People v. Skinner (1985) 39 Cal.3d 765, 769.)
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