Presumption of culpable mental state allows mental state to be presumed, subject to accused's rebuttal by proof. The court presumes that an accused possessed the requisite culpable mental state in prosecutions under the Act, but the accused may defend by proving ... Summary
Presumption of culpable mental state allows mental state to be presumed, subject to accused's rebuttal by proof.
The court presumes that an accused possessed the requisite culpable mental state in prosecutions under the Act, but the accused may defend by proving absence of that mental state as to the charged act; culpable mental state includes intention, motive, knowledge, belief, or reason to believe a fact, and proof of any such fact requires the court's belief beyond reasonable doubt rather than a preponderance of probability.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.