dixon argued april decided june petitioner charged receiving firearm indictment violation making false statements connection acquisition firearm violation admitted trial knew indictment purchased firearms knew crime claimed acting duress boyfriend threatened harm daughters buy guns bound fifth circuit precedent district declined request jury instruction placing upon government burden disprove beyond reasonable doubt duress defense instead jury instructed petitioner burden establish defense preponderance evidence convicted fifth circuit affirmed held jury instructions run afoul due process clause crimes conviction require petitioner acted knowingly merely requires proof knowledge facts constitute offense bryan willfully requires acting knowledge conduct unlawful ibid thus government bore burden proving beyond reasonable doubt petitioner knew making false statements knew breaking law acquired firearm indictment clearly met burden petitioner testified effect petitioner contends formed necessary mens rea freely choose commit crimes however duress defense may excuse conduct otherwise punishable see bailey existence duress normally controvert elements offense fact petitioner crimes statutory offenses counterpart common law supports conclusion jury instructions consistent requirement government prove mental specified run afoul due process placing burden petitioner establish duress preponderance evidence pp modern common law require government bear burden disproving petitioner duress defense beyond reasonable doubt rule places burden proving defense defendant upset davis interpreted defendant insanity controvert necessary mens rea murder committed feloniously wilfully malice aforethought required government prove defendant sanity beyond reasonable doubt evidence tending prove insanity also tended disprove essential element offense duress evidence petitioner adduced trial contradict tend disprove element statutory offenses also helped resulting davis rule constitutionally mandated congress overruled statute requiring defendant prove insanity clear convincing evidence petitioner reliance davis also ignores fact federal crimes solely creatures statute liparota thus must effectuate duress defense congress may contemplated context specific offenses oakland cannabis buyers cooperative assume passing relevant act congress familiar rule rule mckelvey one relying affirmative defense must set establish expected federal courts apply similar approach affirmative defense excuse violating new law accept petitioner contrary hypothesis davis dramatically upset law require overwhelming consensus among federal courts placing burden government conflict among circuits demonstrates consensus never existed similar reason weight due model penal code evidence congress endorsed code views incorporated act fact congress amended act add mens rea requirement punished willful violations mental state embraced code effectuating affirmative defense congress may contemplated presumes context firearms offenses rule congress intended petitioner bear burden proving duress defense preponderance evidence pp affirmed stevens delivered opinion roberts scalia kennedy thomas ginsburg alito joined kennedy filed concurring opinion alito filed concurring opinion scalia joined breyer filed dissenting opinion souter joined keshia cherie ashford dixon petitioner writ certiorari appeals fifth circuit june justice stevens delivered opinion january petitioner keshia dixon purchased multiple firearms two gun shows course provided incorrect address falsely stated indictment felony result illegal acts petitioner indicted convicted one count receiving firearm indictment violation eight counts making false statements connection acquisition firearm violation trial petitioner admitted knew indictment made purchases knew crime defense acted duress boyfriend threatened kill hurt daughters buy guns petitioner contends trial judge instructions jury erroneously required prove duress preponderance evidence instead requiring government prove beyond reasonable doubt act duress appeals rejected petitioner contention given contrary treatment issue federal granted certiorari trial request jury instructions defense duress petitioner contended burden production government required disprove beyond reasonable doubt duress app petitioner admitted request contrary fifth circuit precedent trial correctly finding bound circuit precedent denied petitioner request ibid instead judge instructions jury defined elements duress stated petitioner burden proof establish defense duress preponderance evidence petitioner argues district appeals federal law requires government bear burden disproving defense beyond reasonable doubt trial erroneous instruction point entitles new trial two aspects petitioner argument support proposed instruction merit separate discussion first petitioner contends defense controverted mens rea required conviction therefore due process clause requires government retain burden persuasion element brief petitioner second petitioner argues fifth circuit rule contrary modern common law ii crimes petitioner convicted require acted knowingly willfully explained unless text statute dictates different result term merely requires proof knowledge facts constitute offense bryan omitted term willfully requires defendant acted knowledge conduct unlawful ibid case government bore burden proving beyond reasonable doubt petitioner knew making false statements connection acquisition firearms knew breaking law acquired firearm indictment see winship although government may proved elements ways clearly met burden petitioner testified knowingly committed certain acts put false address forms completed purchase firearms falsely claimed actual buyer firearms falsely stated indictment time purchase testified knew breaking law individual indictment time purchased firearm app petitioner contends however formed necessary mens rea crimes freely choose commit acts question even assume petitioner overborne threats made daughters still knew making false statements knew breaking law buying firearm duress defense like defense necessity considered bailey may excuse conduct otherwise punishable existence duress normally controvert elements offense explained bailey riminal liability normally based upon concurrence two factors mind hand quoting morissette like defense necessity defense duress negate defendant criminal state mind applicable offense requires defendant acted knowingly willfully instead allows defendant avoid liability coercive conditions necessity negates conclusion guilt even though necessary mens rea present bailey fact petitioner crimes statutory offenses counterpart common law also supports conclusion duress defense way disproves element crimes observed definition elements criminal offense entrusted legislature particularly case federal crimes solely creatures statute liparota consistent movement away traditional dichotomy general versus specific intent toward specifically defined hierarchy culpable mental see bailey government required prove beyond reasonable doubt see patterson new york applicability standard however always dependent state defines offense charged given case jury instructions case consistent requirement run afoul due process clause placed burden petitioner establish existence duress preponderance evidence iii found constitutional basis placing upon government burden disproving petitioner duress defense beyond reasonable doubt next address petitioner argument modern common law requires government bear burden making argument petitioner recognizes end century courts generally adhered rule proponent issue bears burden persuasion factual premises applying rule fletcher two kinds legal rules comparative study practices criminal cases yale petitioner view however two important developments established contrary rule prevails federal courts decision davis placed burden government prove defendant sanity publication model penal code although undisputed case bears repeating common law burden proving affirmative defenses indeed circumstances justification excuse alleviation rested defendant patterson rule accords general evidentiary rule burdens producing evidence persuasion regard given issue generally allocated party strong mccormick evidence ed context defense duress accords doctrine facts regard issue lie peculiarly knowledge party party burden proving issue although claims rule placing burden defendant prove existence duress product flawed reasoning petitioner accepts general rule least decision davis brief petitioner according petitioner however davis initiated revolution overthrew old rule established proposed rule place davis however support petitioner position case reviewed defendant conviction committed murder feloniously wilfully malice aforethought undisputed prosecution evidence alone considered made duty jury return verdict guilty crime charged defendant however adduced evidence trial tending show mental capacity form requisite intent issue correctness trial judge instruction jury law every man sane burden showing true upon party asserts instruction evidence equilibrio accused sane capable comprehending nature effect acts treated defence insanity entire absence proof insane reversing defendant conviction found unable assent doctrine prosecution murder duty jury convict evidence equally balanced issue sanity accused time killing emphasis added instead concluded defendant entitled acquittal specific crime charged upon evidence reasonable doubt whether capable law committing crime ibid emphasis added opinion focused definition murder explaining essence heinous crime committed person memory discretion aforethought ibid citations omitted reviewing adjudged cases elementary treatises upon criminal law found admit crime murder necessarily involves possession accused mental capacity render criminally responsible acts thus ultimately found burden proving accused sanity rested government holding rested conclusion davis guilt said proved beyond reasonable doubt acts held joined perpetrating murder charged jury upon evidence reasonable doubt whether legally capable committing crime thing whether wilfully deliberately unlawfully malice aforethought took life deceased crime murder involves sufficient capacity distinguish right wrong legal interpretation every verdict guilty charged jury believed evidence beyond reasonable doubt accused guilty therefore responsible criminally acts upon principle consistently humanity verdict guilty properly returned jury entertain reasonable doubt existence fact essential guilt namely capacity law accused commit crime opinion davis interpreted defendant sanity controvert necessary mens rea crime murder committed feloniously wilfully malice aforethought ne takes human life said actuated malice aforethought deliberately intended take life wicked depraved malignant heart unless time sufficient mind comprehend criminality right wrong act required government prove defendant sanity beyond reasonable doubt evidence tended prove insanity also tended disprove essential element offense charged see davis fact sanity essential fact case must established satisfaction jury beyond reasonable doubt emphasis added whether reasoning correctly treated insanity negating mens rea murder defined statute issue supra help petitioner evidence duress adduced trial contradict tend disprove element statutory offenses committed proposition davis come stand help petitioner cause although written narrowly context prosecution crime murder davis later interpreted establish general rule federal prosecutions accused acquittal specific crime charged upon evidence reasonable doubt whether capable law committing crime leland oregon quoting davis explaining davis rule applied federal courts davis federal defendant introduced sufficient evidence raise reasonable doubt sanity sufficient create question jury government bore ultimate burden persuasion beyond reasonable doubt see hall holloway cadc post apparent recognition fact davis relied heightened mens rea applicable particular statute issue held leland rule constitutionally mandated congress overruled statute requiring defendant prove insanity clear convincing evidence stat codified moreover congress treated defense insanity differently duress codifying requiring defendants intend rely insanity defense provide advance notice government see fed rule crim proc thus even rule arising davis may relevant evaluation affirmative defenses congress differential treatment insanity defense rejection davis rule inconsistent petitioner invitation follow davis lead case indeed petitioner reliance davis ignores fact federal crimes solely creatures statute liparota internal quotation marks omitted see also stevens concurring judgment explaining addressing whether statute issue foreclosed necessity defense specific charges brought statute bailey need speculate however precise contours whatever defenses duress necessity available charges brought offenses issue case created statute congress enacted omnibus crime control safe streets act hereinafter safe streets act act see stat evidence act structure history congress actually considered question duress defense work context suggestion offenses issue incompatible defense cf oakland cannabis buyers cooperative assuming defense duress available statutory crimes must determine defense look like congress may contemplated discussed common law long required defendant bear burden proving existence duress similarly even congress enacted affirmative defense proviso statute settled rule jurisdiction indictment pleading need negative matter exception made proviso distinct clause incumbent one relies exception set establish mckelvey see also dickson pet calling general rule law always prevailed become consecrated almost maxim interpretation statutes even though safe streets act mention defense duress safely assume congress familiar rule applied mckelvey expected federal courts apply similar approach affirmative defense might asserted justification excuse violating new conclusion surely reasonable petitioner hypothesis davis dramatically upset rule law petitioner cites one federal case decided proposition well established federal law government bears burden disproving duress beyond reasonable doubt case involved defendant claim lacked specific intent defraud required statute reason committed offense duress coercion johnson thus appeals explained burden upon defendant prove defense coercion statement best understood context corollary proposition burden proof rests upon government prove defendant guilt beyond reasonable doubt ibid properly understood johnson provides petitioner little help uphill struggle prove dramatic shift federal rule occurred davis enactment safe streets act indeed us able accept petitioner proposition need find overwhelming consensus among federal courts government burden disprove existence duress beyond reasonable doubt existence today disagreement among federal courts appeals issue however disagreement caused us grant certiorari case see supra demonstrates consensus ever existed see also post breyer dissenting discussing differences treatment duress defense various courts appeals also undermining petitioner argument fact national commission reform federal criminal laws proposed defendant prove existence duress preponderance evidence see working papers moreover seem cases placing burden defendant prove existence even discussing issue way lack evidence help petitioner rule burden proving duress rests defendant petitioner hypothesizes davis fomented revolution upsetting rule true one expect find cases discussing matter cases exist similar reason give weight publication model penal code petitioner notes code place burden government disprove existence duress beyond reasonable doubt see model penal code hereinafter model penal code code stating element offense must proved beyond reasonable doubt defining element anything negatives excuse conduct issue establishing affirmative defense duress petitioner argues code reflects well established federal law existed time brief petitioner discussed consensus existed congress passed safe streets act even assume congress familiarity code rule establish evidence congress endorsed code views incorporated safe streets act fact act provides evidence contrary despite code careful delineation mental see model penal code safe streets act attached explicit mens rea requirement crime receiving firearm indictment stat whoever violates provision chapter shall fined imprisoned five years congress amended act impose mens rea requirement punished people willfully violate statute see stat mental state embraced code see model penal code defining purposely knowingly recklessly negligently explanatory note though term used definitions crimes contained code currency existence offenses outside criminal code suggest desirability clarification congress intended adopt code structure enacted amended safe streets act one expect act form language adhere much closely used code reason rely model penal code provide evidence congress wanted us effectuate duress defense context iv congress chooses enact duress defense places burden government disprove duress beyond reasonable doubt light congress silence issue however federal courts effectuate affirmative defense duress congress may contemplated context oakland cannabis buyers cooperative context firearms offenses issue usually case given rule presume congress intended petitioner bear burden proving defense duress preponderance evidence accordingly judgment appeals affirmed ordered keshia cherie ashford dixon petitioner writ certiorari appeals fifth circuit june justice kennedy concurring one disputes subject constitutional constraints congress authority determine content duress defense respect federal crimes direct whether burden proof rests defense prosecution question proceed congress enacted criminal statute omnibus crime control safe streets act stat et seq hereinafter safe streets act without explicit instructions regarding duress defense burden proof see ante issues congressional intent respect nature extent definition federal crimes arise assume congress acted certain background understandings set forth judicial decisions legal tradition see bailey decisions turn consult sources legal treatises american legal institute model penal code see jimenez recio salinas sources rely upon insight gained time legal process continues absent contrary indication statute assume congress want foreclose courts consulting newer sources considering innovative arguments resolving issues confronted statute within likely purview congress enacted criminal prohibition applicable particular case looks state law time statute enacted see ante better reading opinion isolated authorities writings control unless indicative guiding principles upon congress likely relied otherwise seems altogether fiction attribute congress intent one way assigning burden proof seems unlikely moreover congress wanted burden proof duress vary statute statute depending upon date enactment consistent propositions looks precedents traditions also treatment insanity defense statute proposal national commission reform federal criminal laws even though postdated passage safe streets act see ante reason suppose congress wanted depart traditional principles allocating burden proof proper approach simply apply principles context duress see schaffer weast slip plain text statute silent allocation burden persuasion proceed consider ordinary default rule exceptions facts needed prove disprove defense lie peculiarly knowledge defendant broun mccormick evidence ed see ante claim duress instances depends upon conduct takes place criminal act person allegedly coerced defendant often unwilling come forward testify prosecution may without practical means disproving defendant allegations good reason maintain usual rule placing burden production persuasion together party raising issue see broun supra ante analysis may come different result course defenses observations join opinion keshia cherie ashford dixon petitioner writ certiorari appeals fifth circuit june justice alito justice scalia joins concurring join opinion understanding hold allocation burden persuasion defense duress may vary one federal criminal statute another duress established defense common law see blackstone commentaries laws england congress began enact federal criminal statutes presumptively intended offenses subject defense moreover congress presumptively intended burdens production persuasion placed common law defendant although congress certainly free alter pattern place one burdens prosecution either selected federal crimes congress done instead continued revise federal criminal laws create new federal crimes without addressing issue duress circumstances believe burdens remain congress began enacting federal criminal statutes assume congress makes new implicit judgment allocation burdens whenever creates new federal crime matter whenever substantially revises existing criminal statute unrealistic assume every occasion congress surveys allocation burdens proof duress existing federal case law law tacitly adopts whatever predominant position happens time methodology create serious problems district courts courts appeals required decide burden persuasion allocated federal crimes enacted different dates allocation differed different offenses might federal criminal cases trial judge forced instruct jury defendant bears burden persuasion defense offenses charged indictment prosecution bears burden others also assume justice breyer see post congress implicitly delegated federal courts task deciding manner burden persuasion allocated allocation burden debatable policy question important empirical component absence specific direction congress cf fed rule evid assume congress conferred authority judiciary keshia cherie ashford dixon petitioner writ certiorari appeals fifth circuit june justice breyer justice souter joins dissenting courts long recognized duress constitutes defense criminal charge historically defense excuse criminal conduct threat imminent death serious bodily injury led defendant commit crime defendant reasonable legal alternative breaking law defendant responsible creating threat bailey see also lafave substantive criminal law pp hereinafter lafave ante opinion decides today respect federal crimes defense must bear burden producing evidence duress persuading jury agree majority burden production lies defendant burden persuasion issue constitutional congress may allocate burden sees fit also believe absence indication different congressional intent burden persuading jury beyond reasonable doubt lie burdens normally lie criminal cases upon prosecution disagreement majority part reflects different view determine relevant congressional intent congress speaks burdens proof must course follow says suppose normally case relevant federal statute silent majority proceeds assumption congress wished courts fill gap examining judicial practice time congress enacted particular criminal statute question ante opinion follow approach believe congress intended placement burdens vary statute statute time time unrealistic risks unnecessary complexity jury confusion unfairness unrealistic silence well mean congress specifically consider burden persuasion respect duress defense simply think secondary matter done congress wanted courts freeze current practice wanted impose different requirements claims duress identical statutes similar relevant difference time enactment indeed individual instances criminal conduct often violate several statutes trial violations judge instruct jury apply different standards proof duress defense depending upon congress enacted particular statute question case defendant boyfriend given drug money insisted threat death use money buy gun launder rest see ed supp ii see infra assume instead congress silence typically means congress expected courts develop burden rules governing affirmative defenses done past beginning common law taking full account subsequent need law evolve judicial practice informed reason experience see davis mcnabb ante opinion proposed general revision federal criminal code instructed courts determine contours affirmative defenses principles common law may interpreted light reason wigmore evidence chadbourn rev ed allocation burdens proof present courts questions policy fairness based experience different situations approach produce uniform federal practice across different affirmative defenses well across statutes passed different points time ii approach leads conclude federal criminal cases prosecution bear duress defense burden persuasion issue close one blackstone time accused bore burden proof affirmative defenses see blackstone commentaries patterson new york experts taken different positions matter model penal code example recommends placing burden persuasion prosecution ali model penal code pp brown commission recommends placing upon defendant national commission reform federal criminal laws working papers proposed revision federal criminal code agnostically turned matter courts decision moreover practical argument favors government position namely defendants bear burden persuasion defendants often superior access relevant proof nonetheless several factors favor placing burden prosecution one thing certain respects question duress resembles mens rea issue always prosecution prove beyond reasonable doubt see winship martin ohio questions defendant criminal activity voluntary external principle wind propelled acted nicomachean ethics aristotle browne transl moreover actions intentional whether wanted buy guns whether wanted lie decided things knew indeed action willful sense knew break law ante opinion see also ratzlaf nonetheless defendant acts duress lacks semblance meaningful choice sense choice free blackstone wrote criminal law punishes abuse th free hence highly equitable man excused acts done unavoidable force compulsion commentaries force compulsion acting upon resemblance lack mens rea lies cf austin ifs cans proceedings british academy noting difference choosing something one opportunity ability otherwise choosing something one lacks opportunity ability davis supra allocated federal insanity defense burden government partly reasons case read light leland oregon suggests even insanity always show absence mens rea show absence davis supra citing blackstone emphasis added another thing federal courts matter statutory construction supervisory power imposed burden persuasion upon prosecution respect insanity entrapment resemble duress defense certain relevant ways respect duress example defendant illegal act voluntary indeed intentional circumstances deprive defendant meaningful ability opportunity act otherwise depriving defendant choice free insanity said may involve circumstances resemble identical lack mens rea entrapment requires prosecution prove defendant predisposed commit crime matter sometimes best known defendant see first circuit pattern criminal jury instructions thomas government virgin islands smith harris nos app lexis branch sixth circuit pattern criminal jury instructions jackson pierre corrigan alvarez bynum cadc see also mullaney wilbur noting insanity see davis reversing judgment affirming conviction prosecution failed matter law adduce evidence support jury verdict petitioner predisposed independent government acts beyond reasonable doubt commit crime see also patterson noting davis wide impact practice federal courts respect burden proving various affirmative defenses patterson supra powell dissenting ince decision davis federal prosecutors borne burden persuasion respect factors like insanity malice provocation defendant carried burden production federal courts respect federal crimes imposed burden persuasion respect duress defense upon government following johnson authorities devitt blackmar federal jury practice instructions ed federal judicial center pattern criminal jury instructions seven circuits squarely placed burden persuasion upon prosecution one circuit fifth placed burden defendant four third fourth eleventh district columbia far tell definitive practice compare arthurs mitchell campbell talbott per curiam campbell hearst falcon willis putting burden defendant preponderance compare also first circuit pattern criminal jury instructions sixth circuit pattern criminal jury instructions seventh circuit pattern criminal jury instructions eighth circuit pattern criminal jury instructions fifth circuit pattern criminal jury instructions petitioner adds without contradiction allocate burden similarly ratio brief petitioner brief beginning matter became complicated ninth circuit began require defendant bear burden proving duress certain circumstances per curiam years later third sixth eleventh circuits followed suit cases concerning closely related justification defense see dodd brown deleveaux eleventh circuit pattern criminal jury instructions see sixth circuit pattern criminal jury instructions stating burden proof issue duress undecided circuit latter cases however put burden defendant criminal statute narrows mens rea requirement burden defendant statute requires defendant act knowledge suggest courts statute requires defendant act willfully intentionally voluntarily see supra ninth circuit pattern criminal jury instructions see fei lin see also eleventh circuit pattern criminal jury instructions diaz indicating bifurcated rule might appropriate noting circuit precedent contrary similarly tenth circuit placed burden proving duress upon defendant strict liability cases mens rea element crime unser apparent upshot four circuits place burden persuasion prosecution across board one places burden prosecution statute requires mens rea otherwise four held suggested burden prosecution statute requires intentional willful state mind statute requires knowledge circuits divided apparently one fifth agrees position taken today concede logic government practical argument defendants superior access evidence remain uncertain argument strength every criminal case defendant least equal familiarity facts greater familiarity prosecution tot strict contours duress defense well defendant burden production already substantially narrow circumstances defense may used defendant may find difficult example show duress relevant conduct took place long criminal act cf ante opinion kennedy defendant must show alternative breaking law supra difficult show remote threat see also lafave duress generally requires immediate imminent threat defendant take advantage reasonable opportunity escape defendant terminate conduct soon claimed duress lost coercive force important need prove mens rea easily present precisely practical difficulties proof prosecutor suppose example defendant claims old lady told white powder transported across border medicine dying son cf mares see also mullaney wilbur requiring government prove absence passion murder conviction imposes unique hardship prosecution particularly difficult see practical distinction affirmative defense say government says prosecution may unable call witness likely information bearing point namely defendant brief difference respect defendant says boyfriend threatened kill battered woman says killed husband husband evidence certainly unavailable see also jacobson entrapment need prove propensity regardless unless defendant testifies prove difficult satisfy defendant burden production course defendant testifies possible word evaluate claim practicality without somewhat systematic evidence existence problem say circuits many years imposed burden prosecutor course wrong government practical need views prevail government remain free ask congress reallocate burden finally virtue uniformity treating federal statutory burden persuasion similarly respect actus reus mens rea mistake entrapment duress second circuit imposing burden persuasion duress prosecution wrote differences respect create grave possibility juror confusion mitchell newman joined feinberg friendly risk unfairness well reasons believe absence indication congressional intent contrary federal criminal law place burden persuasion respect duress defense upon prosecution common respect many affirmative defenses must prove beyond reasonable doubt respect dissent footnotes talbott per curiam riffe simpson federal statute defining elements duress defense specified elements defense see bailey need today instead presume accuracy district description elements defendant unlawful imminent threat nature induce apprehension death serious bodily injury defendant recklessly negligently placed situation probable forced perform criminal conduct defendant reasonable legal alternative violating law chance refuse perform criminal act also avoid threatened harm direct causal relationship may reasonably anticipated criminal act avoidance threatened harm see app see generally harper although contain mens rea requirement relevant sentencing provision requires violation committed willfully government recognized oral argument may crimes nature mens rea require government disprove existence duress beyond reasonable doubt see tr oral arg see also lafave substantive criminal law ed hereinafter lafave explaining crimes require crime done black law dictionary ed defining malice intent without justification excuse commit wrongful act professor lafave explained duress defense follows rationale defense defendant faced unnerving threat harm unless act violates literal language criminal law somehow loses mental capacity commit crime question defendant engaged voluntary act rather even though done act crime requires mental state crime requires conduct violates literal language criminal law excused lafave omitted congress findings support safe streets act show congress concerned ease person acquire firearms significant factor prevalence lawlessness violent crime stat unrealistic read concern proliferation violent crime implicitly away defense strongly rooted history duress defense see blackstone commentaries laws england previously made assumption addressing affirmative defenses see oakland cannabis buyers cooperative bailey parties give us reason question indeed congressional committee consider codifying duress defense courts determine defense according principles common law may interpreted light reason experience duress like defense issue mckelvey excuse allows exception liability see lafave rationale defense duress defendant excused victim threat person reasonable moral strength fairly expected trial instructed jury warranted acquitting defendant basis acted duress believe evidence defendant committed acts government alleges well grounded apprehension immediate death serious bodily injury instruction require government disprove duress beyond reasonable doubt seemingly placed burden defendant prove existence duress