Shifting of Burden to the D\
Mullaney – Maine defines murder as killing of an individual; D can prove by p.o.e. that he acted in heat of passion and it gets lowered from homicide to manslaughter held invalid
malice aforethought is part of murder and must be in state definitions
since P did not have to establish intent, placed D in untenable situation
state can’t presume element of offense in statute
state has to establish every element of offense b.r.d.
no matter how a state defines murder, malice aforethought is an element of murder
insanity defense:  burden of persuasion for insanity can be placed on D (fed rule clear and convincing evidence)
OK to put burden on D for self-defense
for affirmative defenses, states typically use p.o.e.