| 词条 | Hendershott v. People |
| 释义 |
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]{{rp|613}} 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]{{rp|264–268}} 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]{{rp|264–268}} 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]{{rp|264–268}} 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]{{rp|264–268}} Defendant was convicted and appealed.[1]{{rp|264–268}} The state supreme court reversed and remanded.[1]{{rp|264–268}} 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]{{rp|264–268}} 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]{{rp|264–268}} The court distinguished between legislation precluding an affirmative defense, and precluding a rebuttal to showing the element of mens rea.[1]{{rp|264–268}} References1. ^1 2 3 4 5 6 7 8 9 Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, {{ISBN|978-1-4548-0698-1}}, [https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/] 3 : 1982 in United States case law|Law articles needing an infobox|Insanity |
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