The defense of insanity has been a complete defense to criminal prosecution, including prosecution for abduction and kidnapping. It is available to all criminal defendants. When the defendant admits that s/he committed the acts as alleged, and contends only that the defendant was not guilty by reason of insanity, the defendant is not deprived of the federal constitutional right to a jury trial or of due process. Once a defendant introduces evidence of insanity, the prosecution has the burden of proving sanity beyond a reasonable doubt. However, this burden-shifting rule does not make sanity an element of kidnapping under state law or for federal due process purposes.
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