Code of Alabama
Ala. Code § 15-16-2 (2026)
Presumption of Responsibility for Acts; Burden of Proving Irresponsibility.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused. The defense of insanity in all criminal prosecutions shall be clearly proved to the reasonable satisfaction of the jury.
(Code 1896, §4938; Code 1907, §7175; Code 1923, §4572; Code 1940, T. 15, §422.)
Notes of Decisions
Cited in 11
cases, 1978–2010 · leading case: Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996).
Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996). “While the state bears the burden of proving every element of each offense charged beyond a reasonable doubt, the burden of proving a defense of legal insanity rests upon the accused, and the accused is required to overcome the legal presumption of sanity by clear and convincing…”
Dotch v. State, 67 So. 3d 936 (Ala. Crim. App. 2010). “” The determination and analysis when deciding whether a person is so insane that he can be committed on a judge’s order, differ from that of the determination and analysis when deciding whether a person has met his burden of proving that he is not guilty of a crime by reason of…”
Cunningham v. State, 426 So. 2d 484 (Ala. Crim. App. 1982). “Alabama Code 1975, Section 15-16-2. "(I)nasmuch as the law presumes sanity, that presumption, like that of innocence, should prevail throughout the trial, until it is overcome.”
Click v. State, 695 So. 2d 209 (Ala. Crim. App. 1996). “§ 15-16-2, Code of Alabama 1975. Alabama caselaw has also set out other principles regarding the defense of insanity.”
Jefferson v. State, 473 So. 2d 1100 (Ala. Crim. App. 1984). “" Such a sanity inquiry was held in this case. The appellant contends that the burden of proof as to the issue of insanity shifted from the defense to the State once the trial judge had reasonable ground to doubt his sanity.”
Lyle v. Bouler, 547 So. 2d 506 (Ala. 1989). “Code 1975, § 15-16-2, provides that "[e]very person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused.”
Seay v. State, 390 So. 2d 7 (Ala. Crim. App. 1979). “2d 623 (1977); § 15-16-2, Code of Ala. 1975. In the instant case the defendant introduced substantial evidence of his insanity at the time of commission of the offense charged.”
State v. Woodard, 631 So. 2d 1065 (Ala. Crim. App. 1993). “Section 26-2A-76 provides that a minor 14 or older may nominate a guardian, and § 26-2A-72 provides that a minor 14 or older may prevent the appointment of a particular guardian. Section 12-15-34 provides that the juvenile court can transfer a case to the circuit court for…”
Wilson v. State, 387 So. 2d 226 (Ala. Crim. App. 1980). “” Code of Alabama 1975, § 15-16-2. A verdict of guilty concludes the issue of insanity at the time of the commission of the offense unless a preponderance *230 of the evidence indicates palpable error.”
Sankey v. State, 380 So. 2d 354 (Ala. Crim. App. 1980). ““Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon' the accused.”
Cade v. State, 375 So. 2d 802 (Ala. Crim. App. 1978). “Section 15-16-2, Code of Alabama, 1975, provides: “Every person over 14 years of age charged with crime is presumed to be responsible for his acts, and the burden of proving that he is irresponsible is cast upon the accused.”
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