Foucha v. Louisiana, 504 U.S. 71, 50 (1992)

Page:   Index   Previous  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next

Cite as: 504 U. S. 71 (1992)

Kennedy, J., dissenting

nally responsible for committing it.' " State v. Marmil-lion, 339 So. 2d 788, 796 (1976).

The State's burden is unaffected by an adjudication without trial, such as occurred here, because state law requires the trial court to determine, before accepting the plea, that there is a factual basis for it. La. Code Crim. Proc. Ann., Art. 558.1 (West Supp. 1992). There is no dispute that the trial court complied with state law and made the requisite findings.

Compliance with the standard of proof beyond a reasonable doubt is the defining, central feature in criminal adjudication, unique to the criminal law. Addington, 441 U. S., at 428. Its effect is at once both symbolic and practical, as a statement of values about respect and confidence in the criminal law, Winship, 397 U. S., at 364, and an apportionment of risk in favor of the accused, id., at 369-372 (Harlan, J., concurring). We have often subjected to heightened due process scrutiny, with regard to both purpose and duration, deprivations of physical liberty imposed before a judgment is rendered under this standard. See, e. g., United States v. Salerno, 481 U. S. 739, 750-751 (1987); Jackson v. Indiana, 406 U. S. 715, 738 (1972); cf. Jones v. United States, 463 U. S., at 363-364, and n. 12 ("The proof beyond a reasonable doubt that the acquittee committed a criminal act distinguishes this case from Jackson v. Indiana, 406 U. S. 715 (1972) . . . . In Jackson there never was any affirmative proof that the accused had committed criminal acts . . ."). The same heightened due process scrutiny does not obtain, though, once the State has met its burden of proof and obtained an adjudication. It is well settled that upon compliance with In re Winship, the State may incarcerate on any reasonable basis. Chapman v. United States, 500 U. S. 453, 465 (1991); Williams v. Illinois, 399 U. S. 235, 243 (1970).

As Justice Thomas observes in his dissent, the majority errs by attaching "talismanic significance" to the fact that petitioner has been adjudicated "not guilty by reason of in-

93

Page:   Index   Previous  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next

Last modified: October 4, 2007