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Criminal Law Spring 2017

18 U.S.C.A. § 17. Federal Insanity defense

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18 U.S.C.A. § 17. Insanity defense

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(a) Affirmative defense.--It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.

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(b) Burden of proof.--The defendant has the burden of proving the defense of insanity by clear and convincing evidence.