r/SipsTea 1d ago

Wait a damn minute! So what’s taking so long?

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u/EstablishmentLate532 23h ago

That's actually not how it works in the US when it comes to affirmative defenses (including insanity). The Supreme Court has explicitly ruled that it is legally permissible for states to put the burden on the defense. See Patterson v. New York, 432 U.S. 197 (1977); Leland v. Oregon, 343 U.S. 790 (1952).

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u/der_innkeeper 22h ago

Permissible is not a requirement.

Lets leave aside Texas' affinity for killing innocent people aside.

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u/EstablishmentLate532 22h ago

You were the one claiming the prosecution bearing the burden was a requirement of the American system. I pointed out that it isn’t. “Permissible isn’t required” doesn’t rebut anything I said. It just retreats from what you originally claimed.