Model Penal Code. Tentative Drafts Nos. 1-13, Issues 3-7American Law Institute, 1955 - Criminal law |
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Page 8
... fact must be proved to the satisfaction of the Court or jury , as the case may be . ( 5 ) When the Code establishes a presumption with re- spect to any fact which is an element of an offense , it has the following consequences : ( a ) ...
... fact must be proved to the satisfaction of the Court or jury , as the case may be . ( 5 ) When the Code establishes a presumption with re- spect to any fact which is an element of an offense , it has the following consequences : ( a ) ...
Page 115
... facts by the prosecu- tion will shift to the defendant the burden of adducing exculpating evidence in disproof of the presumed fact ( as in the case of an affirmative defense ) but , more than this , that proof of the basic facts will ...
... facts by the prosecu- tion will shift to the defendant the burden of adducing exculpating evidence in disproof of the presumed fact ( as in the case of an affirmative defense ) but , more than this , that proof of the basic facts will ...
Page 116
... fact , it requires that fact to be treated as established by the proof beyond a reasonable doubt of the facts which give rise to the presumption . In such case there is no issue for the jury as to the existence of the presumed fact but ...
... fact , it requires that fact to be treated as established by the proof beyond a reasonable doubt of the facts which give rise to the presumption . In such case there is no issue for the jury as to the existence of the presumed fact but ...
Contents
PROPOSALS FOR THE SENTENCING AND TREATMENT | 7 |
Better to Meet the Specialized Needs of the Young Adult | 18 |
A Finding of Guilt Should Involve a Conviction of the Specific | 25 |
Copyright | |
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actor administration adultery affirmative defense American Law Institute appears apply Article authorized behavior believe bigamy Board of Parole California charged CODE ANN Commentary commission committed conduct conviction corporation Correction Court CRIM crime CRIMINAL LAW culpability defendant defendant's defined degree disease or defect established evidence false felony female guilty HARRISON TWEED imposed incest indecent Institute in Tentative intercourse involved irresistible impulse issue judgment jurisdiction jury juvenile knowingly legislation liability M'Naghten Rules marriage matter mens rea ment mental disease misdemeanor Model Penal Code obscene offense omission Paragraph Penal Code penalty perjury person present presumed fact presumption prison probation problem proceedings prosecution provides psychiatric psychiatrists punishment purpose rape reasonable release responsibility result revocation sexual sexual intercourse STAT statement STATUS OF SECTION statute subsection supervision Supp tence Tentative Draft theft tion treatment trial United victim violation York young adult Youth