Is a jury instruction that states that a person intends to commit a violent crime intended to coerce the victim into committing the crime by force of persuasion invalid?
MultiRegion, United States of America
The following excerpt is from Rodriguez v. Davey, No. 2:12-cv-2260 TLN GGH P (E.D. Cal. 2017):
Also, with respect to due process, a jury instruction laden with a mandatory presumption and pertinent to the elements of the crime, is one that violates due process. Sandstrom v. Montana, 442 U.S. 510 (1979) (instruction that a person intends the ordinary consequences of
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voluntary acts may have been interpreted as conclusive or as shifting the burden of persuasion).
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