martin ohio argued december decided february ohio revised code code burden proving elements criminal offense upon prosecution affirmative defense burden proof preponderance evidence placed accused affirmative defense ohio law therefore must proved defendant petitioner charged ohio aggravated murder defined purposely prior calculation design causing death another pleaded testified shot killed husband came following argument struck crime jury instructed convict must find light evidence elements aggravated murder proved state beyond reasonable doubt burden proof respect elements shift find guilt must convinced none evidence whether offered state petitioner connection plea raised reasonable doubt killed husband specific purpose intent cause death done prior calculation design however jury instructed acquit found preponderance evidence petitioner proved precipitated confrontation husband honestly believed imminent danger death great bodily harm means escape use force satisfied duty retreat avoid danger jury found guilty ohio appeals affirmed conviction rejecting petitioner due process clause challenge based charge placing burden proof reaching decision state relied patterson new york held neither ohio law instructions violate due process clause fourteenth amendment shifting petitioner state burden proving elements crime instructions read whole improperly suggest evidence considered determining whether reasonable doubt sufficiency state proof crime elements furthermore simply evidence offered support might negate purposeful killing prior calculation design mean elements crime impermissibly overlap since evidence creating reasonable doubt fact necessary finding guilt easily fall far short proving preponderance evidence hand killing excused satisfactorily established even reasonable doubt jury mind defendant guilty pp violation due process clause ohio place burden proving defendant charged committing aggravated murder merit petitioner argument necessary ohio law state disprove since unlawfulness criminal intent elements serious offenses renders lawful otherwise crime negates showing criminal intent follow ohio courts rejected argument holding unlawfulness cases conduct satisfying elements aggravated murder necessary mental state crime specific purpose take life pursuant prior calculation design furthermore mere fact two abandoned rule affirmative defenses including must proved defendant render rule unconstitutional follow patterson decisions allowed fashion rules pp white delivered opinion rehnquist stevens scalia joined powell filed dissenting opinion brennan marshall joined parts iii blackmun joined post james willis argued cause petitioner briefs margery koosed george sadd argued cause respondent brief john corrigan randall dana gregory ayers richard aynes margery koosed dean carro filed brief ohio public defender commission amicus curiae urging reversal justice white delivered opinion ohio code provides person accused offense presumed innocent proven guilty beyond reasonable doubt burden proof elements offense upon prosecution burden going forward evidence affirmative defense burden proof preponderance evidence affirmative defense upon accused ohio rev code ann affirmative defense one involving excuse justification peculiarly within knowledge accused fairly required adduce supporting evidence ohio rev code ann ohio courts long determined affirmative defense ohio defendant burden proving required defined trial instructions case elements defendant must prove defendant fault creating situation giving rise argument defendant honest belief imminent danger death great bodily harm means escape danger use force defendant violate duty retreat avoid danger app question us whether due process clause fourteenth amendment forbids placing burden proving defendant charged state ohio committing crime aggravated murder relevant case defined revised code ohio purposely prior calculation design caus ing death another ohio rev code ann facts case taken opinions courts may succinctly stated july petitioner earline martin husband walter martin argued grocery money petitioner claimed husband struck head argument petitioner version transpired went upstairs put robe later came back husband gun intended dispose husband saw something hand questioned came lost head fired gun five six shots fired three striking killing martin charged tried aggravated murder pleaded testified defense judge charged jury respect elements crime rejected petitioner due process clause challenge charge placing burden proving jury found guilty ohio appeals ohio affirmed conviction rejected constitutional challenge instruction requiring petitioner prove latter relying upon opinion patterson new york concluded state required prove three elements aggravated murder patterson require disprove separate issue require martin disprove element offense charged said state proved beyond reasonable doubt appellant purposely prior calculation design caused death husband appellant dispute existence elements rather sought justify actions grounds acted self defense ohio thus infirmity conviction granted certiorari affirm decision ohio winship declared due process clause protects accused conviction except upon proof beyond reasonable doubt every fact necessary constitute crime charged years later held winship mandate fully satisfied state new york proved beyond reasonable doubt elements murder placed defendant burden proving affirmative defense extreme emotional disturbance proved reduced crime murder manslaughter patterson new york supra emphasized preeminent role preventing dealing crime reluctance disturb state decision respect definition criminal conduct procedures criminal laws enforced courts including burden producing evidence allocating burden persuasion new york authority define murder intentional killing another person chosen however reduce crime manslaughter defendant proved preponderance evidence acted influence extreme emotional distress convict murder jury required find beyond reasonable doubt based evidence including related defendant mental state time crime elements murder also conclude defendant proved affirmative defense jury convicted patterson held violation fourteenth amendment construed winship referring leland oregon rivera delaware added new york leland rivera permitted without violating due process clause declined reconsider cases also observed fact majority assumed burden disproving affirmative defenses whatever reasons mean strike different balance violation constitution patterson jury instructed convict must find light evidence elements crime aggravated murder proved state beyond reasonable doubt burden proof respect elements shift find guilt jury convinced none evidence whether offered state martin connection plea raised reasonable doubt martin killed husband specific purpose intent cause death done prior calculation design also told however acquit found preponderance evidence martin precipitated confrontation honest belief imminent danger death great bodily harm satisfied duty retreat avoid danger jury convicted martin agree state conviction violate due process clause state exceed authority defining crime murder purposely causing death another prior calculation design seek shift martin burden proving elements jury verdict reflects none evidence raised reasonable doubt state proof purposefully killed prior calculation design nevertheless opportunity state law instructions given justify killing show blameless proving acted jury thought failed ohio entitled punish martin one guilty murder new york punish patterson quite different jury instructed evidence considered determining whether reasonable doubt state case evidence must put aside purposes unless satisfied preponderance standard instruction relieve state burden plainly run afoul winship mandate instructions case clearer respect read whole think adequate convey jury evidence including evidence going must considered deciding whether reasonable doubt sufficiency state proof elements crime thus moved assertions elements aggravated murder overlap sense evidence prove latter often tend negate former may encounters claimed arise suddenly involve prior plan specific purpose take life cases evidence offered support defense may negate purposeful killing prior calculation design ohio shift defendant burden disproving element state case prosecution made prima facie case survives motion acquit jury may nevertheless convict evidence offered defendant raises reasonable doubt existence fact necessary finding guilt evidence creating reasonable doubt easily fall far short proving preponderance evidence course doubt raised jury mind juror convinced defendant purposely prior calculation design took life killing still excused elements defense satisfactorily established note need rely observation ohio ppellant dispute existence elements aggravated murder rather sought justify actions grounds acted ohio petitioner submits conviction ohio law unless defendant conduct unlawful renders lawful otherwise crime unlawfulness element offense state must prove disproving argument founders state law rejected ohio appeals sixth circuit white arn state morris ohio app true unlawfulness essential conviction ohio courts hold unlawfulness cases like conduct satisfying elements aggravated murder interpretation state law position dispute true claim necessary prove criminal intent convict serious crimes occur shown necessary mental state aggravated murder ohio law specific purpose take life pursuant prior calculation design see white arn supra noted patterson rule affirmative defenses including matters defendant prove rule fifth amendment adopted american rule fourteenth amendment ratified indeed well century number followed rule required defendant shoulder burden proving acted fletcher two kinds legal rules comparative study practices criminal cases yale aware two ohio south carolina abandoned rule require prosecution prove absence properly raised defendant question remains whether violation constitution observed patterson question answered cataloging practices convinced ohio practice requiring proved defendant unconstitutional constitution requires prosecution prove sanity defendant pleads guilty reason insanity opportunity depart leland oregon refused rivera delaware cases important patterson decision along patterson authority decision today judgment ohio accordingly affirmed dissent believes instruction might led jury believe defendant burden proving absence prior calculation design indeed position instruction clear enough mislead jury evident text disagree harbor dissent mistrust jury instructions sufficiently clear convey jury state burden proving prior calculation shift evidence considered determining whether state burden discharged depart patterson new york respect justice powell justice brennan justice marshall join justice blackmun joins respect parts iii dissenting today holds defendant convicted aggravated murder even though jury may reasonable doubt whether accused acted thus whether guilty crime think decision inconsistent precedent fundamental fairness dissent petitioner earline martin tried state aggravated murder husband ohio law elements crime defendant purposely killed another prior calculation design ohio rev code ann martin admitted shot husband claimed acted classified affirmative defense ohio jury instructed martin burden proving claim preponderance evidence martin apparently failed carry burden jury found guilty ohio upheld conviction relying part opinion patterson new york today also relies patterson reasoning affirming ohio decision one accepts patterson proper method analysis case believe opinion ignores ignores central meaning patterson upheld state statute shifted burden proof affirmative defense accused new york law required prosecutor prove statutorily defined elements murder beyond reasonable doubt permitted defendant reduce charge manslaughter showing acted suffering extreme emotional disturbance see penal law mckinney supp found burden shifting violate due process largely affirmative defense serve negative facts crime state prove order convict murder clear implication ruling affirmative defense negate element crime state may shift burden see white arn case winship requires state prove nonexistence defense beyond reasonable doubt reason treating defense negates element crime differently affirmative defenses plain jury told prosecution burden proving elements crime also instructed defendant burden disproving one elements danger jurors resolve inconsistency way lessens presumption innocence example jury might reasonably believe raising defense accused assumed ultimate burden proving particular element might reconcile instructions simply balancing evidence supports prosecutor case evidence supporting affirmative defense conclude state satisfied burden prosecution version persuasive either case jury given unmistakable erroneous impression defendant shares risk nonpersuasion fact necessary conviction given principles reliance patterson puzzling ohio law element prior calculation design satisfied accused engaged definite process reasoning advance killing given plan least studied consideration app jury instructions emphasis added contrast defendant martin raises claim jury also instructed accused must prove honest belief imminent danger death great bodily harm emphasis added many cases defendant finds immediate danger reacts deadly force formed prior intent kill recognizes may encounters claimed arise suddenly involve prior plan specific purpose take life cases evidence offered support defense may negate purposeful killing prior calculation design ante gives explanation apparent rejection patterson justification advanced decision jury used evidence find state failed carry burden proof jurors free consider martin state evidence argument goes verdict guilt necessarily means convinced defendant acted prior calculation design unpersuaded acted ante thus seems conclude long jury told state burden proving elements crime overlap offense defense immaterial reasoning flawed two respects first simply ignores problem arises inconsistent jury instructions criminal case holding implicitly assumes jury fact understands ultimate burden remains prosecutor times despite conflicting instruction places burden accused disprove element pointed patterson distinction defenses negate element crime based legitimate concern jury mistakenly lower state burden short rationale fails explain overlap case create risk patterson suggested unacceptable second significantly without explanation extends deference granted state legislatures area today decision read say virtually state attempts shift burden proof affirmative defenses upheld regardless relationship elements defense elements crime understand patterson allowed burden shifting evidence extreme emotional disturbance negate mens rea underlying offense today decision however even proof defense negate element offense burden shifting still may permitted jury consider defendant evidence reaching verdict agree course must substantial defining criminal laws administering criminal justice systems none precedents suggests courts must give complete deference state judgment whether shift burden proof consistent presumption innocence past emphasized circumstances may necessary look beyond text state laws satisfy requirements winship satisfied mullaney wilbur explicitly noted danger granting state unchecked discretion shift burden element proof criminal case today fails discuss even cite mullaney despite unanimous agreement case danger justify judicial intervention cases even patterson dissented recognized obviously constitutional limits beyond may go labeling elements crime affirmative defense today however simply asserts ohio law properly allocates burdens without giving indication limits lie precedent establishes burden proof may shifted elements defense elements offense conflict seems clear case reverse decision ohio ii although believe case wrongly decided even principles set forth patterson differences approach fundamental continue believe better method deciding state may shift burden proof outlined opinion mullaney dissenting opinion patterson mullaney emphasized state obligation prove certain facts beyond reasonable doubt necessarily restricted legislative distinctions offenses affirmative defenses boundaries state authority respect elaborated patterson dissent proposed inquiry due process clause requires prosecutor bear burden persuasion beyond reasonable doubt factor issue makes substantial difference punishment stigma requirement course applies fortiori factor makes difference guilt innocence also must shown legal tradition factor question historically held level importance either branch test met legislature retains traditional authority matters proof footnotes omitted least two benefits approach first ensures critical facts necessary sustain conviction proved state willing look beyond text state statute legislatures incentive redefine essential elements offense make part affirmative defense thereby shifting burden proof manner inconsistent winship mullaney second leave free respects recognize new factors may mitigate degree criminality punishment without requiring also bear burden disproving defenses see patterson new york powell dissenting new ameliorative affirmative defenses generally remain undisturbed holdings winship mullaney omitted analysis plainly impermissible require accused prove petitioner carried burden result decisively different guilt punishment also dispute historically one primary justifications otherwise unlawful conduct see beard thus acknowledge test may difficult apply times hard imagine application one presented iii willingness defer state legislative definitions crimes defenses apparently failed recognize practical effect decision martin alleged innocent acted complete justification ohio law see state nolton ohio burden proof issue jury believed likely martin conduct justified yet still voted convict words even though jury may substantial doubt whether martin committed crime found guilty ohio law agree authority review state legislative choices limited justifies increasing risk convicting person may blameworthy see patterson new york supra state definition criminal law must yield offends principle justice rooted traditions conscience people ranked fundamental quoting speiser randall complexity inquiry state may shift burden proof lead fashion simple rules deference lead unjust results footnotes course whether jury fact improperly shift burden away state uncertain settled law exists reasonable possibility jury relied unconstitutional understanding law reaching guilty verdict verdict must set aside francis franklin accused also must avoided danger possible must fault creating threatening situation see state robbins ohio risk reduced although view eliminated instructions made clear evidence create reasonable doubt guilt even evidence rise level necessary prove affirmative defense instructions gave little guidance respect trial simply told jury prosecution must prove elements crime defendant must prove existence defense instructions gave indication jury evaluate evidence affected element crime defense cf francis franklin supra nothing specific sentences jury charge whole makes clear one contradictory instructions carries weight noted example winship limited facts constitute crime defined state law state undermine many interests decision sought protect without effecting substantive change law necessary redefine elements constitute different crimes characterizing factors bear solely extent punishment see also mcmillan pennsylvania certain limited circumstances winship requirement applies facts formally identified elements offense charged