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http://ssrn.com/abstract=940037
 
 

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The Supreme Court's Bout With Insanity: Clark V. Arizona


Peter K. Westen


University of Michigan Law School


Ohio State Journal of Criminal Law, Vol. 4, pp. 142-165, 2006
U of Michigan Public Law Working Paper No. 67

Abstract:     
Clark v. Arizona purported to raise significant issues regarding the constitutional nature for the insanity defense and the constitutional right to present evidence. In reality, it presented neither issue, though the Court mistakenly thought it did. Instead, Clark raised and implicitly resolved something that is equally as significant, namely, whether a state may require defendants to bear the burden of negating mens rea that the prosecution otherwise has the burden of proving beyond a reasonable doubt.

Number of Pages in PDF File: 24

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Date posted: October 25, 2006  

Suggested Citation

Westen, Peter K., The Supreme Court's Bout With Insanity: Clark V. Arizona. Ohio State Journal of Criminal Law, Vol. 4, pp. 142-165, 2006; U of Michigan Public Law Working Paper No. 67. Available at SSRN: http://ssrn.com/abstract=940037

Contact Information

Peter K. Westen (Contact Author)
University of Michigan Law School ( email )
625 South State Street
115 Legal Research Building
Ann Arbor, MI 48109-1215
United States
734-647-9134 (Phone)
734-665-3435 (Fax)

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