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STATE v. HUMANIK

199 N.J. Super. 283 (1985)

489 A.2d 691

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN M. HUMANIK, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1985.

Attorney(s) appearing for the Case

Joel I. Rachmiel argued the cause for appellant (Rachmiel and Ferdinand, attorneys; Joel I. Rachmiel, on the brief).

Marijean Raffetto Stevens, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; Marijean Raffetto Stevens, of counsel and on the brief).

Before Judges MICHELS, PETRELLA and BAIME.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents novel questions pertaining to the constitutionality of N.J.S.A. 2C:4-2. As amended, that statute requires the defendant to prove mental disease or defect by a preponderance of the evidence when the defense of diminished capacity is raised.1 At issue is whether the statute unconstitutionally shifts the burden...

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