Duffy v. Foltz

This matter comes before this Court pursuant to a question certified by the United States Court of Appeals for the Sixth Circuit.1 The question this Court has agreed to answer is whether sanity is an element of the crimes of rape and kidnapping as defined by Michigan law. We hold that sanity is not an element of these crimes and that insanity is a burden-shifting affirmative defense, placing the burden of going forward with evidence of insanity on the defendant. The defendant having done so, the burden of going forward with evidence of defendant’s sanity beyond a reasonable doubt shifts to…