leland oregon argued january decided june criminal prosecution oregon state indictment murder first degree appellant pleaded guilty gave notice intention prove insanity oregon statutes required prove insanity beyond reasonable doubt made morbid propensity defense appellant found guilty jury sentenced death held statutes deprive appellant life liberty without due process law violation fourteenth amendment federal constitution pp trial judge instructions jury charge whole made clear burden upon state prove necessary elements guilt lesser degrees homicide well offense charged indictment pp rule announced davis accused entitled acquittal specific crime charged upon evidence reasonable doubt whether capable law committing crime established constitutional doctrine rule followed federal courts oregon rule requiring accused plea insanity establish defense beyond reasonable doubt rule effect twenty places burden accused establish insanity preponderance evidence similar measure persuasion difference magnitude significant determining constitutional question presented practice followed large number conclusive whether accords due process may considered determining whether offends principle justice rooted traditions conscience people ranked fundamental instant case one sought enforce state right held secured defendants federal courts bill rights pp oregon policy respect burden proof issue sanity said violate generally accepted concepts basic standards justice tot require different conclusion reached contention instructions jury case may confused jury distinction state burden proving premeditation elements crime charged appellant burden proving insanity sustained due process violated oregon statute provides morbid propensity commit prohibited acts existing mind person shown incapable knowing wrongfulness acts forms defense prosecution therefor pp irresistible impulse test legal sanity implicit concept ordered liberty due process require state adopt test rather right wrong test pp trial refusal require district attorney make one appellant confessions available counsel trial deny due process circumstances case pp appellant conviction murder challenged denying due process violation fourteenth amendment affirmed state appeal affirmed thomas ryan argued cause appellant brief harold davidson raymond carskadon charles eugene raymond argued cause appellee brief george neuner attorney general oregon justice clark delivered opinion appellant charged murder first degree pleaded guilty gave notice intention prove insanity upon trial circuit multnomah county oregon found guilty jury accordance jury decision recommend life imprisonment appellant received sentence death oregon affirmed case appeal oregon statutes required appellant prove insanity beyond reasonable doubt made morbid propensity defense principal questions appeal raised appellant contentions statutes deprive life liberty without due process law guaranteed fourteenth amendment facts crime revealed appellant confessions corroborated evidence killed girl striking head several times steel bar stabbing twice hunting knife upon arrested five days later theft automobile asked talk homicide officer voluntarily confessed murder directed police scene crime pointed location body day signed full confession request made another handwriting indictment counsel appointed represent done diligence carrying case three courts one oregon statutes question provides commission act charged crime proven defense sought established insanity defendant must proven beyond reasonable doubt conformity applicable state law trial judge instructed jury although appellant charged murder first degree might determine committed lesser crime included charged instructed plea guilty put issue every material necessary element lesser degrees homicide well offense charged indictment jury returned five verdicts guilty murder first degree found beyond reasonable doubt appellant killing purposely deliberate premeditated malice guilty murder second degree found beyond reasonable doubt appellant killing purposely maliciously without deliberation premeditation guilty manslaughter found beyond reasonable doubt appellant killing without malice deliberation upon sudden heat passion caused provocation apparently sufficient make passion irresistible guilty careful consideration evidence remained minds reasonable doubt existence necessary elements degree homicide guilty reason insanity found beyond reasonable doubt appellant insane time offense charged finding insanity freed appellant responsibility possible offenses verdict jury determined guilty first degree murder required agreement twelve jurors verdict guilty reason insanity required concurrence ten members panel apparent jury might found appellant mentally incapable premeditation deliberation required support first degree murder verdict intent necessary find guilty either first second degree murder yet found legally insane although plea insanity made prosecution required prove beyond reasonable doubt every element crime charged including case first degree murder premeditation deliberation malice intent trial repeatedly emphasized requirement charge jury moreover judge directed jury follows instruct evidence adduced trial prove defendant insanity shall considered weighed evidence whether find defendant insane regard ability defendant premeditate form purpose deliberate act wilfully act maliciously find defendant lacking ability defendant committed crime murder first degree instruct find defendant mental condition affected diseased end defendant formulate plan design intent kill cool blood defendant committed crime murder first degree statute originally enacted oregon adopted prevailing doctrine time since men sane defendant must prove insanity avoid responsibility acts rule announced leading english decision case jurors told cases every man presumed sane possess sufficient degree reason responsible crimes contrary proved satisfaction establish defence ground insanity must clearly proved time committing act party accused laboring defect reason disease mind know nature quality act views expressed supported many adjudications entitled high respect fact might felt obliged accept general doctrine announced cases desirable uniformity rule administration criminal law governments whose constitutions equally recognize fundamental principles deemed essential protection life liberty today oregon state requires accused plea insanity establish defense beyond reasonable doubt twenty however place burden accused establish insanity preponderance evidence similar measure persuasion evident distinction two rules quantum proof required see practical difference magnitude significant determining constitutional question face oregon merely requires heavier burden proof instance order establish insanity complete defense charges preferred accused must prove insanity fact practice followed large number conclusive decision whether practice accords due process plainly worth considering determining whether practice offends principle justice rooted traditions conscience people ranked fundamental snyder massachusetts case sought enforce right held secured defendants federal courts bill rights davis supra adopted rule procedure federal courts contrary oregon ts procedure run foul fourteenth amendment another method may seem thinking fairer wiser give surer promise protection prisoner bar snyder massachusetts supra judicial judgment applying due process clause must move within limits accepted notions justice based upon idiosyncrasies merely personal judgment important safeguard merely individual judgment alert deference judgment state review justice frankfurter concurring malinski new york therefore reluctant interfere oregon determination policy respect burden proof issue sanity since say policy violates generally accepted concepts basic standards justice nothing said tot suggests different conclusion decision struck specific presumption created congressional enactment found fact thus required presumed rational connection fact proven set presumption operation statute resulted presumption guilt based upon proof fact neither criminal element crime charged seen oregon required prosecutor prove beyond reasonable doubt every element offense charged issue insanity absolute bar charge burden placed upon appellant courts accused obliged introduce proof overcome presumption sanity contended instructions may confused jury distinction state burden proving premeditation elements charge appellant burden proving insanity think charge jury clear instructions juries ordinarily reasonably respect state burden proof upon elements crime charge particularly emphatic juries centuries made basic decisions guilt innocence criminal responsibility legal insanity upon basis facts revealed evidence law explained instructions detailing legal distinctions placement weight burden proof effect presumptions meaning intent etc think condemn operation system condemn system generally prepared much said applies also appellant contention due process violated oregon statute providing morbid propensity commit prohibited acts existing mind person shown incapable knowing wrongfulness acts forms defense prosecution therefor statute amounts legislative adoption right wrong test legal insanity preference irresistible impulse test knowledge right wrong exclusive test criminal responsibility majority american jurisdictions science psychiatry made tremendous strides since test laid case progress science reached point learning compel us require eliminate right wrong test criminal law moreover choice test legal sanity involves scientific knowledge questions basic policy extent knowledge determine criminal responsibility whole problem evoked wide disagreement among studied circumstances clear adoption irresistible impulse test implicit concept ordered liberty appellant also contends trial refusal require district attorney make one appellant confessions available counsel trial contrary due process think substance argument conclusion buttressed absence assignment error ground appellant motion new trial compare avery alabama may better practice prosecution thus exhibit confession failure case way denied appellant fair trial record shows confession produced five days appellant rested case ample time counsel expert witnesses study confession addition trial judge offered time purpose refused indication record appellant prejudiced inability counsel acquire earlier access confession affirmed footnotes six possible verdicts listed instructions guilty murder first degree divided two verdicts without recommendation life imprisonment penalty since jury case recommend punishment death sentence automatically invoked oregon law agreement ten jurors also sufficient verdict guilty verdict guilty second degree murder verdict guilty manslaughter comp laws cf state butchek instruct constitute murder first degree necessary state prove beyond reasonable doubt moral certainty defendant design plan take life formed matured cool blood hastily upon occasion instruct determining whether defendant acted purposely premeditated deliberated malice duty take consideration defendant mental condition factors relating thereto even though may find legally insane fact mentality impaired evidence bears upon factors duty consider evidence along evidence case comp laws requiring notice purpose show insanity defense providing verdict guilty reason insanity consequent commitment asylum judge defining legal insanity trial instructed jury case evidence introduced relating mental capacity condition defendant time girl alleged killed satisfied beyond reasonable doubt defendant killed manner alleged indictment within lesser degrees included therein consider mental capacity defendant time homicide alleged committed emphasis supplied deady laws code crim cl fin stephen digest criminal law sturge cf sodeman king see woolmington director public prosecutions weihofen insanity defense criminal law clear proof sometimes interpreted mean proof beyond reasonable doubt state de rance la ann sometimes mean proof preponderance evidence hurst state tex cr see wharton criminal evidence ed see hotema matheson weihofen lists twelve requiring proof preponderance evidence four requiring proof satisfaction jury two combine formulae one statute defense must clearly proved reasonable satisfaction jury one held jury must believe defendant insane one quantum proof stated last resort appears follow preponderance rule weihofen insanity defense criminal law including oregon mentioned holding accused burden proving insanity least preponderance evidence wigmore evidence ed supp weihofen insanity defense criminal law wigmore evidence ed comp laws state garver state wallace state hassing weihofen insanity defense criminal law cl fin compare fisher see holloway app glueck mental disorder criminal law hall mental disease criminal responsibility rev keedy insanity criminal responsibility harv rev palko connecticut justice frankfurter joined justice black dissenting however much conditions may improved since william later chief justice taft expressed disturbing conviction administration criminal law union may one two exceptions disgrace civilization taft administration criminal law yale informed person unhappy serious defects american criminal justice unthinkable failure bring guilty book heinous crime deeply stirs popular sentiment may lead legislature state one emotional storms occasion sweep people enact thereafter indictment murder following attempted rape presumptive proof guilt cast upon defendant burden proving beyond reasonable doubt killing doubt statute go beyond freedom due process clause fourteenth amendment fashion penal codes procedures enforcing time law inherited emerged dark barbaric times conception justice dominated criminal law refused put accused hazard punishment fails remove every reasonable doubt innocence minds jurors duty government establish guilt beyond reasonable doubt notion basic law rightly one boasts free society requirement safeguard due process law historic procedural content due process accordingly doubt repeat state cast upon accused duty establishing beyond reasonable doubt act caused death another muscular contraction resulting homicide constitute murder even though person immediate occasion another death deodand forfeited like thing medieval law behind muscular contraction resulting another death must culpability turn homicide murder tests culpability may determined varying conflicting one echo scepticism uttered brain fifteenth century devil knoweth mind men appreciate vast darkness still envelopes man understanding man mind sanity insanity concepts incertitude given varying conflicting content time time time specialists field naturally always conflict psychological views absorbed law contradictory views students mental health particular time stage scientific knowledge indefensible impose upon due process law must accord depriving person life liberty one test rather another determining criminal culpability thereby displace state choice test matter backward may light best scientific canons inevitably legal tests determining mental state criminal culpability based strong conflict state chosen theory testing culpability deprivation life without due process send man doom prove beyond reasonable doubt physical events homicide constitute murder state theory incapable acting culpably preclude utilizing common sense regarding mental irresponsibility acts resulting homicide taking granted men sane responsible acts man act devoid mental state begets culpability exceptional situation law right devise exceptional procedure regarding accordingly may provide various ways dealing exceptional situation requiring instance defense insanity specially pleaded whose behalf claim insanity made burden showing enough overcome assumption presumption normally man knows therefore responsible issue separately tried standing disinterested expert agency advise jury devices used combination laws present greatest diversity relieving prosecution proving affirmatively man sane way must prove affirmatively defendant man pulled trigger struck blow legislation makes inroad upon basic principle state must prove guilt defendant innocence prove satisfaction jury beyond reasonable doubt unrecorded reason oregon one made inroads upon principle requiring accused prove beyond reasonable doubt absence one essential elements commission murder namely culpability muscular contraction like every state oregon presupposes insane person made pay life homicide though public good may course put beyond harm unlike every state however oregon says accused person must satisfy jury beyond reasonable doubt incapable committing murder committed murder law oregon since year code criminal procedure defined murder conventional way also provided commission act charged crime proven defence sought established insanity defendant must proven beyond reasonable doubt general laws oregon et latter section various revisions law oregon today applied conviction review whatever tentative intermediate steps experience makes permissible aiding state establishing ultimate issues prosecution crime state relieved final proving accusation prove accusation must prove items combination constitute offense must make proof beyond reasonable doubt duty state establishing every fact equation adds crime establishing satisfaction jury beyond reasonable doubt decisive difference criminal culpability civil liability exception limited class cases variously characterized mala prohibita public torts enforcement regulatory measures see dotterweich morissette murder malum prohibitum public tort object regulatory legislation suggest legal oddity oregon imposes upon accused burden proving beyond reasonable doubt mind capable committing murder mere difference measure proof obliterate distinction civil criminal law suggested jury charged merely conformity requirement oregon law also various general terms duty state prove every element crime charged beyond reasonable doubt including case first degree murder premeditation deliberation malice intent short matter oregon sustained conviction ground oregon statute casts upon defendant burden proving defense insanity beyond reasonable doubt state leland suggest suggested state although jury compelled act upon requirement statute offend due process clause trial judge also indulged farrago generalities jury premeditation deliberation malice intent exact gifts subtlety even judges let alone juries possess see international harvester kentucky due process clause meaning permit life put hazards deny mode dealing abuses insanity pleas unedifying spectacles expert testimony deprive oregon widest possible choice remedies circumventing abuses multiform legislation prevailing different evinces great variety experimental methods open dealing problems raised insanity defenses prosecutions murder repeat extreme reluctance find constitutional barrier legislation mouth threadbare phrase especially deference due policy state deals local crime repression punishment gulf however narrow deference local legislation complete disregard duty judicial review fallen virtue limits placed fourteenth amendment upon state action duty escaped whatever may think investing judges power enforcement amendment involves