Post by Jim on Mar 6, 2009 6:47:15 GMT -5
DOMESTIC VIOLENCE CASELAW RE: UNDERLYING CRIMINAL CHARGES
Every domestic violence matter must have an underlying criminal charge ranging from murder to harassment or stalking.
The Supreme Court of the United States (SCOTUS) has ruled:
"State's burden of proving every element of offense in criminal prosecution cannot be shifted to the defendant, even if the defendant is asserting affirmative defense". "State in criminal prosecution is bound to prove every element of offense charged BEYOND A REASONABLE DOUBT." Sandstrom v. Montana, 442 U.S. at 510, 99 S.Ct. 2452.
"Conclusive presumptions conflict with the overriding presumption of innocence with which the law endows the accused and which extends to ever element of the crime, Morissette v. U.S., 342 U.S. 246 at 275, 72 S.Ct. at 255, "and they invade the fact finding function".
As can be seen in the above cases, there can be no presumptions or inferences of guilt before innocence since there must be an underlying criminal charge in all domestic violence cases. If the underlying charge is withdrawn, eliminated, dismissed or negotiated away, then there is no domestic violence matter anymore. The civil remedies involved are based on the criminal matter.
If both civil relief and criminal punishments are imposed in the same proceeding, the "criminal feature of the order is dominant and fixes its character for review". Hicks v. Feiock, 485 U.S. 624, 108 S.Ct. 1423, 99 L.Ed.2d (1988); Nye v. United States, 61 S.Ct. 810, 813 (1941).
These arguments can be used to stop the bogus legislation below, saying that if the legislation is passed, there will be federal challenges made against the law since the state has the burden of proof beyond reasonable doubt. This, even though it is a private complaint brought by a spouse, the state ultimately gets involved. If the state is involved, it must follow ALL criminal due process procedures no matter what. Inferences and presumptions that one is guilty before being proven innocent is challengeable as unconstitutional on its face, and in its application.
Every domestic violence matter must have an underlying criminal charge ranging from murder to harassment or stalking.
The Supreme Court of the United States (SCOTUS) has ruled:
"State's burden of proving every element of offense in criminal prosecution cannot be shifted to the defendant, even if the defendant is asserting affirmative defense". "State in criminal prosecution is bound to prove every element of offense charged BEYOND A REASONABLE DOUBT." Sandstrom v. Montana, 442 U.S. at 510, 99 S.Ct. 2452.
"Conclusive presumptions conflict with the overriding presumption of innocence with which the law endows the accused and which extends to ever element of the crime, Morissette v. U.S., 342 U.S. 246 at 275, 72 S.Ct. at 255, "and they invade the fact finding function".
As can be seen in the above cases, there can be no presumptions or inferences of guilt before innocence since there must be an underlying criminal charge in all domestic violence cases. If the underlying charge is withdrawn, eliminated, dismissed or negotiated away, then there is no domestic violence matter anymore. The civil remedies involved are based on the criminal matter.
If both civil relief and criminal punishments are imposed in the same proceeding, the "criminal feature of the order is dominant and fixes its character for review". Hicks v. Feiock, 485 U.S. 624, 108 S.Ct. 1423, 99 L.Ed.2d (1988); Nye v. United States, 61 S.Ct. 810, 813 (1941).
These arguments can be used to stop the bogus legislation below, saying that if the legislation is passed, there will be federal challenges made against the law since the state has the burden of proof beyond reasonable doubt. This, even though it is a private complaint brought by a spouse, the state ultimately gets involved. If the state is involved, it must follow ALL criminal due process procedures no matter what. Inferences and presumptions that one is guilty before being proven innocent is challengeable as unconstitutional on its face, and in its application.
