A lengthy canvass of factual materials established to

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knowledge of its illegal importation. A lengthy canvass of factual materials established to the Court’s satisfaction that, although the greater part of marijuana consumed in the United States is of for- eign origin, there was still a good amount produced domestically and there was no way to assure that the majority of those possess- ing marijuana have any reason to know whether their marijuana is imported. 1199 The Court left open the question whether a presump- tion that survived the “rational connection” test “must also satisfy the criminal ‘reasonable doubt’ standard if proof of the crime charged or an essential element thereof depends upon its use.” 1200 1196 See , e.g. , Yee Hem v. United States, 268 U.S. 178 (1925) (upholding statute that proscribed possession of smoking opium that had been illegally imported and authorized jury to presume illegal importation from fact of possession); Manley v. Georgia, 279 U.S. 1 (1929) (invalidating statutory presumption that every insol- vency of a bank shall be deemed fraudulent). 1197 319 U.S. 463, 467–68 (1943). Compare United States v. Gainey, 380 U.S. 63 (1965) (upholding presumption from presence at site of illegal still that defendant was “carrying on” or aiding in “carrying on” its operation), with United States v. Romano, 382 U.S. 136 (1965) (voiding presumption from presence at site of illegal still that defendant had possession, custody, or control of still). 1198 395 U.S. 6, 36 (1969). 1199 395 U.S. at 37–54. Although some of the reasoning in Yee Hem , supra , was disapproved, it was factually distinguished as involving users of “hard” narcotics. 1200 395 U.S. at 36 n.64. The matter was also left open in Turner v. United States, 396 U.S. 398 (1970) (judged by either “rational connection” or “reasonable doubt,” a presumption that the possessor of heroin knew it was illegally imported was valid, 2052 AMENDMENT 14—RIGHTS GUARANTEED
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In a later case, a closely divided Court drew a distinction be- tween mandatory presumptions, which a jury must accept, and per- missive presumptions, which may be presented to the jury as part of all the evidence to be considered. With respect to mandatory pre- sumptions, “since the prosecution bears the burden of establishing guilt, it may not rest its case entirely on a presumption, unless the fact proved is sufficient to support the inference of guilt beyond a reasonable doubt.” 1201 But, with respect to permissive presump- tions, “the prosecution may rely on all of the evidence in the record to meet the reasonable doubt standard. There is no more reason to require a permissive statutory presumption to meet a reasonable- doubt standard before it may be permitted to play any part in a trial than there is to require that degree of probative force for other relevant evidence before it may be admitted. As long as it is clear that the presumption is not the sole and sufficient basis for a find- ing of guilt, it need only satisfy the test described in Leary .” 1202 Thus, due process was not violated by the application of the stat- ute that provides that “the presence of a firearm in an automobile
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