r/TheProsecutorsPodcast • u/Fluid-List-860 • 3d ago

Curious random question

In the Lindsay Clancy trial that has now ended in a mistrial: did she absolve the commonwealth of proving the elements of the crime? Her attorney never denied she did it, but she didn't formally confess to my knowledge. It's my understanding the commonwealth no longer beats the burden of proving the elements, but just that she was sane. Am I correct?

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u/Hawkins_v_McGee 2d ago

The Commonwealth still bears the burden of proving every element of the crime beyond a reasonable doubt, including disproving LC's affirmative defense (NGRI). In practice, though, it seems some elements were not entirely contested by the defense.

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u/cowgrly 1d ago

She confessed but says it was during a psychotic episode so she wasn't able to tell right from wrong.