GPO-CONAN-2017-10-15.pdf

1180 443 us 307 1979 2048 amendment 14rights

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1180 443 U.S. 307 (1979). 2048 AMENDMENT 14—RIGHTS GUARANTEED
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tional trier of fact could have found the essential elements of the crime beyond a reasonable doubt. 1181 Because due process requires the prosecution to prove beyond a reasonable doubt every fact necessary to constitute the crime charged, 1182 the Court held in Mullaney v. Wilbur 1183 that it was unconstitutional to require a defendant charged with murder to prove that he acted “in the heat of passion on sudden provocation” in or- der to reduce the homicide to manslaughter. The Court indicated that a balancing-of-interests test should be used to determine when the Due Process Clause required the prosecution to carry the bur- den of proof and when some part of the burden might be shifted to the defendant. The decision, however, called into question the prac- tice in many states under which some burdens of persuasion 1184 were borne by the defense, and raised the prospect that the prosecution must bear all burdens of persuasion—a significant and weighty task given the large numbers of affirmative defenses. The Court, however, summarily rejected the argument that Mul- laney means that the prosecution must negate an insanity de- fense, 1185 and, later, in Patterson v. New York , 1186 upheld a state statute that required a defendant asserting “extreme emotional dis- 1181 Id. at 316, 18–19. See also Musacchio v. United States, 577 U.S. ___, No. 14–1095, slip op. (2016) (“When a jury finds guilt after being instructed on all ele- ments of the charged crime plus one more element,” the fact that the government did not introduce evidence of the additional element—which was not required to prove the offense, but was included in the erroneous jury instruction—“does not implicate the principles that sufficiency review protects.”); Griffin v. United States, 502 U.S. 46 (1991) (general guilty verdict on a multiple-object conspiracy need not be set aside if the evidence is inadequate to support conviction as to one of the objects of the conviction, but is adequate to support conviction as to another object). 1182 Bunkley v. Florida, 538 U.S. 835 (2003); Fiore v. White, 528 U.S. 23 (1999). These cases both involved defendants convicted under state statutes that were sub- sequently interpreted in a way that would have precluded their conviction. The Court remanded the cases to determine if the new interpretation was in effect at the time of the previous convictions, in which case those convictions would violate due pro- cess. 1183 421 U.S. 684 (1975). See also Sandstrom v. Montana, 442 U.S. 510, 520–24 (1979). 1184 The general notion of “burden of proof” can be divided into the “burden of production” (providing probative evidence on a particular issue) and a “burden of persuasion” (persuading the factfinder with respect to an issue by a standard such as proof beyond a reasonable doubt). Mullaney , 421 U.S. at 695 n.20.
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