(DOWNLOAD) "State v. Martin" by The Supreme Court of the State of Ohio # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Martin
- Author : The Supreme Court of the State of Ohio
- Release Date : January 15, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Our first consideration concerns appellants contention that the state of Ohio may not constitutionally place the burden of proving self-defense on a defendant if the truth of that defense would negate an essential element of the crime charged. Appellant asserts that self-defense negates the mens rea of aggravated murder and that requiring a defendant to prove self-defense thus compels the defendant to prove his innocence by disproving criminal intent. Since it is constitutionally impermissible to require an accused to prove his innocence, appellant contends that once a defendant produces evidence of self-defense, the prosecution must then disprove self-defense beyond a reasonable doubt.