Francis v. Franklin explained

Litigants:Francis v. Franklin
Arguedate:November 28
Argueyear:1984
Decidedate:April 29
Decideyear:1985
Fullname:Francis, Warden v. Franklin
Usvol:471
Uspage:307
Parallelcitations:105 S. Ct. 1965; 85 L. Ed. 2d 344; 1985 U.S. LEXIS 4
Majority:Brennan
Joinmajority:White, Marshall, Blackmun, Stevens
Dissent:Powell
Dissent2:Rehnquist
Joindissent2:Burger, O'Connor

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] 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]

Notes and References

  1. Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder,, https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/