skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 40259 Find in a Library
Title: PEOPLE VS PATTERSON - THE CONSTITUTIONALITY OF NEW YORK'S AFFIRMATIVE DEFENSE OF EXTREME EMOTIONAL DISTURBANCE
Journal: ST JOHN'S LAW REVIEW  Volume:51  Issue:1  Dated:(FALL 1976)  Pages:158-180
Author(s): C B BERGAMASCO
Corporate Author: St John's Law Review
United States of America
Date Published: 1976
Page Count: 23
Sponsoring Agency: St John's Law Review
Brooklyn, NY 11201
Format: Article
Language: English
Country: United States of America
Annotation: REVIEW OF THE NEW YORK COURT OF APPEALS RULING IN PEOPLE V PATTERSON (1976) UPHOLDING THE CONSTITUTIONALITY OF A SECTION OF THE PENAL LAW WHICH MAKES 'EXTREME EMOTIONAL DISTURBANCE' AN AFFIRMATIVE DEFENSE FOR MANSLAUGHTER.
Abstract: THE AUTHOR EXAMINES THE FACTS OF THE CASE AND OPINIONS SET FORTH IN PATTERSON IN LIGHT OF A CONTRARY RULING REACHED BY THE US SUPREME COURT IN A SIMILAR CASE IN MULLANEY V WILBUR (1975). THE AUTHOR POINTS OUT THAT THE CASE HAS BEEN ACCEPTED FOR REVIEW BY THE HIGH COURT AND SUGGESTS THAT IF THE SECTION OF NEW YORK LAW IN QUESTION IS DECLARED UNCONSTITUTIONAL AND THE PETITIONER'S CONVICTION IS OVERTURNED, THE COURT SHOULD ALSO TAKE THAT OPPORTUNITY TO CLARIFY SOME AREAS OF CONFUSION REGARDING AFFIRMATIVE DEFENSES WHICH WERE LEFT UNCLEAR BY THE MULLANEY RULING....EB
Index Term(s): Burden of proof; Comparative analysis; Defense; Judicial decisions; Manslaughter; New York; State laws; State supreme courts; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=40259

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.