Francis v. Franklin, 471 U.S. 307 (1985), is a United States Supreme Court decision reaffirming due process principles elucidated in Sandstrom v. Montana, that the prosecution bears the burden of proof of establishing the mental element of intent.[1]: 341–346 Justice Brennan wrote that under the Due Process Clause of the Fourteenth Amendment, a jury instruction saying that "a person of sound mind is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted" is unconstitutional, because the burden of proof is shifted from the prosecution to the defense.[1]: 341–346
| Francis v. Franklin | |
|---|---|
 | |
| Argued November 28, 1984 Decided April 29, 1985 | |
| Full case name | Francis, Warden v. Franklin |
| Citations | 471 U.S. 307 (more) 105 S. Ct. 1965; 85 L. Ed. 2d 344; 1985 U.S. LEXIS 4 |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by White, Marshall, Blackmun, Stevens |
| Dissent | Powell |
| Dissent | Rehnquist, joined by Burger, O'Connor |
References edit
- ^ a b Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]
External links edit
- Text of Francis v. Franklin, 471 U.S. 307 (1985) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)
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