[DOWNLOAD] "Humanik v. Beyer" by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Humanik v. Beyer
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 31, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
We are asked in this habeas corpus proceeding to consider the constitutionality of New Jerseys so-called "diminished capacity" statute, N.J.Stat.Ann. § 2C:4-2, which requires that the defendant bear the burden of proving by a preponderance of the evidence the existence of a mental disease or defect "which would negate a state of mind which is an element of the offense." The district court held that neither the statute nor the instructions to the jury in the petitioners case violated the petitioners due process right to have the state prove each and every element of the crime charged beyond a reasonable doubt. We conclude, however, that the trial courts charge did not conform to the dictates of due process. Moreover, we also conclude that the constitutional problem in this case arises not only from the particular approach taken by the trial court in its instructions but also from the diminished capacity statute itself.