Английская Википедия:Hendershott v. People
Шаблон:Use mdy dates Шаблон:Multiple issues
Шаблон:Infobox court case Hendershott v. People, Supreme Court of Colorado, 653 P.2d. 385 (1982), is a criminal case that a defendant who was not excused by being legally insane, might still be exculpated because he lacked a guilty mind (mens rea) due to a mental disease.[1]Шаблон:Rp
In Colorado, Lee Roy Hendershott accused a woman he was dating of being with another man, then struck, kicked, and choked her. He was charged with third degree assault in state court.[1]Шаблон:Rp In Colorado, third degree assault was a general intent crime (involving the act being knowingly or recklessly done), not a specific intent crime (in which the crime is intentionally done).[1]Шаблон:Rp Hendershott's defense attorney attempted to introduce evidence that Hendershott suffered from a mental disorder causing impulse control to counter that defendant had a guilty mind (mens rea).[1]Шаблон:Rp The evidence was excluded because of a statute that evidence of mental impairment short of legal insanity may be offered as bearing on capacity to form a specific intent.[1]Шаблон:Rp Defendant was convicted and appealed.[1]Шаблон:Rp
The state Supreme Court reversed and remanded.[1]Шаблон:Rp It reasoned that constitutional due process requires the prosecution to prove beyond a reasonable doubt that defendant has a guilty mind (mens rea), and to prove every fact needed to constitute the crime, citing Sandstrom v. Montana and Patterson v. New York.[1]Шаблон:Rp One element is mens rea. Disallowing evidence to rebut a prosecution showing that defendant had the requisite mens rea was an unconstitutional denial of due process.[1]Шаблон:Rp The court distinguished between legislation precluding an affirmative defense, and precluding a rebuttal to showing the element of mens rea.[1]Шаблон:Rp
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- ↑ 1,0 1,1 1,2 1,3 1,4 1,5 1,6 1,7 1,8 1,9 Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, Шаблон:ISBN, [1]
