Publication Date

Spring 1981

Journal

Journal of Criminal Law and Criminology

Abstract

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.

Volume

72

Issue

1

First Page

82

Last Page

127

Publisher

Northwestern Pritzker School of Law

Disciplines

Constitutional Law | Criminal Law | Evidence | Fourteenth Amendment | Law

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