Presumption of culpable mental state shifts burden to accused to prove absence of intent as a defence. The Code presumes existence of a culpable mental state in prosecutions requiring it, while allowing the accused to defend by proving absence of that ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of intent as a defence.
The Code presumes existence of a culpable mental state in prosecutions requiring it, 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, and facts must be found beyond reasonable doubt rather than by preponderance of probability.
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