United States Supreme Court.https://leagle.com/images/logo.png
Argued January 18, 1994.
Decided March 22, 1994.
Attorney(s) appearing for the Case
Mark A. Weber argued the cause and filed briefs for petitioner in No. 92-8894. Eric S. Multhaup, by appointment of the Court, 510 U.S. 942, argued the cause for petitioner in No. 92-9049. With him on the briefs was Kathy M. Chavez.
Don Stenberg, Attorney General of Nebraska, argued the cause for respondent in No. 92-8894. With him on the brief was J. Kirk Brown, Assistant Attorney General. Daniel E. Lungren, Attorney General of California, argued the cause for respondent in No. 92-9049. With him on the brief were George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, and Susan Lee Frierson, Sharlene A. Honnaka, Donald E. De Nicola, and Sharon Wooden Richard, Deputy Attorneys General.†
O'Connor, J., delivered the opinion for a unanimous Court with respect to Part II, and the opinion of the Court with respect to Parts I, III, and IV, in which Rehnquist, C. J., and Stevens, Scalia, Kennedy, and Thomas, JJ., joined in full and in which Ginsburg, J., joined as to Parts III—B and IV. Kennedy, J., filed a concurring opinion, p. 23. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, p. 23. Blackmun, J., filed an opinion concurring in part and dissenting in part, in all but Part II of which Souter, J., joined, p. 28.
United States Supreme Court.
Justice O'Connor delivered the opinion of the Court.*
The government must prove beyond a reasonable doubt every element of a charged offense. In re Winship,397 U.S. 358 (1970). Although this standard is an ancient and honored aspect of our criminal justice system, it defies easy explication. In these cases, we consider the constitutionality of two attempts...
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