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BUZYNSKI V OLIVER - ALLOCATION OF THE BURDEN OF BUZYNSKI V OLIVER - ALLOCATION OF THE BURDEN OF

NCJ Number
41598
Journal
Virginia Law Review Volume: 63 Issue: 1 Dated: (FEBRUARY 1977) Pages: 147-160
Author(s)
ANON
Date Published
1977
Length
14 pages
Annotation
THE ARTICLE ANALYZES THE CASE IN WHICH THE FIRST CIRCUIT WOULD NOT STRIKE DOWN AN ARSON CONVICTION EVEN THOUGH IT FELT THAT THE PROSECUTION, NOT THE DEFENDANT, HAD THE BURDEN OF PROOF IN INSANITY.
Abstract
THE COURT'S OPINION REFLECTS THE DIFFICULTIES CURRENTLY CONFRONTING STATE AND FEDERAL COURTS ATTEMPTING TO APPLY THE CONSTITUTINAL DOCTRINE ESTABLISHED BY THE ENIGMATIC OPINION OF MULLANEY V WILBUR (1975) WHERE THE BURDEN OF PERSUASION TO REBUT THE PRESUMPTION OF SANITY WAS FOUND TO BE ON THE DEFENDANT....TWH

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