Английская Википедия:Commonwealth v. York
Шаблон:Use mdy dates Шаблон:Infobox court case Commonwealth v. York, 50 Mass. (9 Metcalf) 93 (1845), is a precedent setting American criminal case in which it was determined that although the prosecution must establish all of the elements of a crime beyond a reasonable doubt, the defendant must prove the defense of provocation, which is about the defendant's mental state.[1]Шаблон:Rp This was consistent with Blackstone's Commentaries that the prosecution must prove the defendant committed a criminal act, and the defendant must then prove "circumstances of justification, excuse and alleviation".[1]Шаблон:Rp[2] In federal courts, but not state all courts, this changed with Davis v. United States (1895), which set precedent that there is a presumption of innocence as to having a mental state of being "legally capable of committing crime".[1]Шаблон:Rp
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- ↑ 1,0 1,1 1,2 Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, Шаблон:ISBN, [1]
- ↑ 4 Blackstone's Commentaries 201 (1769)
