Presumption of culpable mental state places onus on accused to prove absence beyond reasonable doubt. The statute presumes the existence of a culpable mental state in prosecutions requiring such a state, while allowing the accused to defend by proving ... Summary
Presumption of culpable mental state places onus on accused to prove absence beyond reasonable doubt.
The statute presumes the existence of a culpable mental state in prosecutions requiring such a state, while allowing the accused to defend by proving absence of that state. "Culpable mental state" includes intention, motive, knowledge, belief, or reason to believe a fact. The provision further mandates that a fact is proved only when the court believes it beyond reasonable doubt, not by a mere preponderance of probability.
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