The state's burden.

AuthorBueno, Leo
PositionLetters - Letter to the editor

In "The Knowledge Element in Drug Cases: Some Final Thoughts on Shelton and Adkins," (July/August) the author, Richard Sanders, asks: "Does the due process clause require the state to prove, as an element of all drug offenses, a fact that is rarely disputed at trial?" The fact at issue is whether the accused had knowledge of the illicit nature of the substance he possessed. Mr. Sanders answers "no," but that is the wrong...

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