Presumption of culpable mental state shifts burden, allowing defence to prove absence of intent beyond reasonable doubt. Courts must presume the existence of a culpable mental state-including intention, motive, knowledge or belief-in prosecutions requiring such state, while ... Summary
Presumption of culpable mental state shifts burden, allowing defence to prove absence of intent beyond reasonable doubt.
Courts must presume the existence of a culpable mental state-including intention, motive, knowledge or belief-in prosecutions requiring such state, while the accused may defend by proving absence of that state; proof is required to meet the criminal standard of beyond reasonable doubt rather than a preponderance of probability.
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