Cite as: 518 U. S. 37 (1996)
O'Connor, J., dissenting
what prescriptions federal law leaves to the States,3 and thereby dispel confusion to which we may have contributed, and attendant state-court misperception.
Justice O'Connor, with whom Justice Stevens, Justice Souter, and Justice Breyer join, dissenting.
The Montana Supreme Court unanimously held that Mont. Code Ann. § 45-2-203 (1995) violates due process. I agree. Our cases establish that due process sets an outer limit on the restrictions that may be placed on a defendant's ability to raise an effective defense to the State's accusations. Here, to impede the defendant's ability to throw doubt on the State's case, Montana has removed from the jury's consideration a category of evidence relevant to determination of mental state where that mental state is an essential element of the offense that must be proved beyond a reasonable doubt. Because this disallowance eliminates evidence with which the defense might negate an essential element, the State's burden to prove its case is made correspondingly easier. The justification for this disallowance is the State's desire to increase the likelihood of conviction of a certain class of defendants who might otherwise be able to prove that they did not satisfy a requisite element of the offense. In my view, the statute's effect on the criminal proceeding violates due process.
I
This Court's cases establish that limitations placed on the accused's ability to present a fair and complete defense can, in some circumstances, be severe enough to violate due process. "The right of an accused in a criminal trial to due process is, in essence, the right to a fair opportunity to defend against the State's accusations." Chambers v. Mississippi, 410 U. S. 284, 294 (1973). Applying our precedent, the Mon-3 As the United States observed, it is generally within the States' domain "to determine what are the elements of criminal responsibility." Id., at 19-20.
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