What is the burden of proving a defendant's mental state of implied malice or conscious disregard?
California, United States of America
The following excerpt is from People v. Soto, 231 Cal.Rptr.3d 732, 4 Cal.5th 968, 415 P.3d 789 (Cal. 2018):
of the mental state of implied malice or conscious disregard. Therefore, it does not lessen the prosecution's burden of proof or prevent a defendant from presenting all relevant defensive evidence. ( Id . at pp. 1300-1301, 60 Cal.Rptr.3d 677.)" ( People v. Carlson , supra , 200 Cal.App.4th at pp. 707-708, 133 Cal.Rptr.3d 218.)
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