DUE PROCESS, SELF-INCRIMINATION, AND STATUTORY PRESUMPTIONS IN THE WAKE OF LEARY AND TURNER

• NCJ Number: 5354
• Journal: JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 61 Issue: 3 Dated: (SEPTEMBER 1970) Pages: 367-377
• Author(s): ANON
• Date Published: 1970
• Length: 11 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article

Annotation

DISCUSSION OF ISSUES RAISED IN CASES WHERE DEFENDANT MUST ADMIT POSSESSION OF ILLEGAL DRUGS IN ORDER TO DENY HIS PRESUMED KNOWLEDGE THAT THEY WERE ILLEGALLY IMPORTED.

Abstract

THE UNITED STATES CODE CONTAINS PROVISIONS WHICH MAKE POSSESSION OF HEROIN, COCAINE AND MARIJUANA THE EQUIVALENT OF KNOWLEDGE THAT THESE SUBSTANCES WERE ILLEGALLY IMPORTED. THESE PRESUMPTIONS COULD ONLY BE REBUTTED IF THE DEFENDANT TAKES THE STAND AND TESTIFIES TO HIS BELIEF THAT THE DRUGS HE POSSESSED WERE IN FACT DOMESTICALLY GROWN AND PROCESSED. THE CASES OF LEARY AND TURNER HELD THAT THIS PRESUMPTION COULD NOT APPLY TO MARIJUANA AND COCAINE SINCE BOTH WERE OFTEN DOMESTICALLY GROWN. THIS ARTICLE DISCUSSES THE PROBLEMS OF APPARENT LOSS OF THE RIGHT AGAINST SELF INCRIMINATION AND THE DENIAL OF DUE PROCESS IN CASES WHERE A STATUTORY PRESUMPTION, SUCH AS THE ONE STILL APPLICABLE TO HEROIN, PUTS THE DEFENDANT IN THE POSITION OF HAVING TO ADMIT ONE ELEMENT OF GUILT IN ORDER TO DENY ANOTHER.