Constitutional Criminal Procedure - Due Process - Burden of Proof - Affirmative Defenses

Authors

Anthony J. Krastek

Abstract

The United States Supreme Court has held that the New York murder statute does not deprive a defendant of due process by placing on him the burden of proving the affirmative defense of extreme emotional disturbance since the defense does not serve to negate an element of the crime.

Patterson v. New York, 432 U.S. 197.(1977).

First Page

457

Recommended Citation

Anthony J. Krastek, Constitutional Criminal Procedure - Due Process - Burden of Proof - Affirmative Defenses, 16 Duq. L. Rev. 457 (1977).
Available at: https://dsc.duq.edu/dlr/vol16/iss3/12