Commonwealth v. Kappler

The present case illustrates the difficulties which arise when the prosecution bears the burden of proving criminal responsibility beyond a reasonable doubt. In 1976, when we decided Kostka, only twenty-three States required the defendant to prove lack of criminal responsibility. Commonwealth v. Kostka, 370 Mass. 516, 527 (1976). Currently, thirty-six jurisdictions (including the Federal government and the District of Columbia) place on the defendant the burden of proving lack of criminal responsibility.1 Were I to reconsider our decision in Kostka, supra, I *602would join the increasing majority…