Sentencing
If using deadly force means higher sentence, is it element of offense or just sentencing? Ex. federal car-jacking statute, serious bodily injury in effect element of offense, held not merely a sentencing scheme so state must establish guilt b.r.d.
Sandstrom – a presumption (such as “law presumes person intends ordinary consequences of his actions”) that reflects negatively on D needs to be made clear to jury that it does not eliminate responsibility of P to prove all elements of offense b.r.d.; i.e., a presumption does not remove an element
Jury Instruction – where D requests for judge to give accurate statement of law, he has to give it; DP violated where fails to give if requested
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