Nobody downloaded yet

Montana v. Egelhoff: Due Process and the Right of the Accused to Present Evidence - Essay Example

Comments (1) Cite this document
This paper seeks to critically analyze the decision of the Supreme Court in the seminal case of Montana v. Egelhoff and its implications of the legal landscape covering the right of the accused to present evidence…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
Montana v. Egelhoff: Due Process and the Right of the Accused to Present Evidence
Read TextPreview

Extract of sample "Montana v. Egelhoff: Due Process and the Right of the Accused to Present Evidence"

Download file to see previous pages This paper argues that the decision heralds a marked shift in the jurisprudence pertaining to the rights of the accused and may lead to a relaxation of the over-all principle of due process, and second, the decision may also have impacts on judicial appreciation of voluntary intoxication as a factor or consideration in criminal proceedings.This paper begins by giving a brief background of the case itself, including its factual incidents, and the respective decisions of the Montana Supreme Court and the United States Supreme Court. After which, it will explore the principle under scrutiny: the right of the accused to present evidence on his behalf and how it has evolved and crystallized over the years. Third, the paper will argue on the implications of the US Supreme Court decision on this principle. Fourth, the paper will reflect on voluntary intoxication and how courts have treated this factor in criminal proceedings. On July 12, 1992, the accused James Allen Egelhoff and the victims, Roberta Pavola and John Christianson, who the accused had just struck a friendship with earlier, went to a party in Troy, Montana, where they consumed a large amount of alcohol. After the party, they still went to some bars to drink even further. They left the bars in Christianson’s station wagon, with Egelhoff in the back seat and the two men in the front seat with Christianson driving. There were testimonies from drivers on the highway stating that they saw said vehicle moving erratically, weaving between the road and a side ditch. After midnight, police officers, responding to calls, found the car in a ditch, with Christianson and Pavola dead from gunshot wounds to the head. Egelhoff, meanwhile, was alive and in the backseat, and he was obviously intoxicated and screaming obscenities. According to the Detective, Detective Gassett, Egelhoff was acting wildly and erratically, cursing profusely and even kicking a camera out of the hand of a policeman. After testing him for alcohol ingestion, he registered a .36 blood alcohol content (BAC). There also was gunshot residue in his hands. Egelhoff, when put on the witness stand, stated that he could not remember anything after leaving the party, and had no recollection of the act of firing the gun and killing his companions. During trial, he asserted as follows: Because I was found unconscious and suffering from intoxication measured at .36 one hour after being brought to the hospital, my level of intoxication precluded me from having driven the car or undertaking the physical tasks necessary to have done what the prosecution claimed I had done. In chief, his defense was that he could not have committed Deliberate Homicide, the crime for which he was charged, because he was at the time suffering from an alcohol-induced blackout. This was corroborated by the doctor who examined Egelhoff at the hospital. However, during the trial, the trial court judge asked the jury to take note of Montana Code 45-3-203, stating as follows: A person who is in an intoxicated condition is criminally responsible for his conduct and an intoxicated condition is not a defense to any offense and may not be taken into consideration in determining the existence of a mental state which is an element of the offense, unless the Defendant proves that he did not know that it was an intoxicating substance when he consumed the substance causing the condition. Egelhoff appealed to the Montana Supreme Court, arguing that the elements of the crime of deliberate homicide required the State to prove that he acted “knowingly” and “purposely” and that this burden was not fully dispensed with when the state kept evidence of intoxication ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Montana v. Egelhoff: Due Process and the Right of the Accused to Essay”, n.d.)
Retrieved from
(Montana V. Egelhoff: Due Process and the Right of the Accused to Essay)
“Montana V. Egelhoff: Due Process and the Right of the Accused to Essay”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
osbornecormier added comment 1 year ago
Student rated this paper as
Precise work done on the "Montana v. Egelhoff: Due Process and the Right of the Accused to Present Evidence". I think it is the best essay I have seen so far.

CHECK THESE SAMPLES OF Montana v. Egelhoff: Due Process and the Right of the Accused to Present Evidence

Drug courts and due process

...? Drug Courts and Due Process ID Number: of School Word Count: 332 Drug courts are specialized courts dealing with non-violent substance-abuse offenders. The idea is to rehabilitate the drug users which sees them as victims rather than as criminals. In this way, efforts and resources are spent to implement this holistic approach to the drug problem. It is a new model or paradigm in the criminal justice system that combines judicial monitoring, drug testing and escalating sanctions for those who fail to follow the prescribed program. The intent is to break the vicious cycle of drug addiction and the crimes it produces. The first drug court was instituted in Miami, Florida as an experimental response to a...
1 Pages(250 words)Essay

Police Interrogation and Due Process the case and their influence on the actual outcome of the case. The defendants in this point have the right to call their own witnesses as well as mount their own evidence. The defendants are to present their own facts and theories that are aimed at proving their innocence. The defendant is however permitted to seek a waiver to the representation by the private counsel and seek to represent him or herself i.e. a pro se representation. The ineffective assistance of an attorney may yield to grounds for a new trial as the prevailing professional conduct has to be followed to the later. The 14th Amendment The 14th amendment contains the due process clause...
7 Pages(1750 words)Research Paper

Evidence and Due Process: Evaluate Evidence Collection Protocol

...? Evidence and Due Process: Evaluation of Evidence Collection Protocol In the criminal justice system, evidence is regarded as anymaterial substance that can be used to act as proof of a deed or an act committed by an individual. Evidence is used to prosecute or defend an accused person by way of helping establish disputed facts. Evidence acts as factual entities that illustrate and depict the true course of events. Evidence is usually gathered from areas within which aspects being investigated took place or near that vicinity. Crime scenes form the most important source of evidence in an investigation, and this evidence is used to help in gaining insights and clues into the various factors and aspects behind the event or incident... that...
5 Pages(1250 words)Essay

Employment at Will and Due Process

...1. What is the principle of employment at will Why do you think the law has upheld it so long What are the two aspects of due process What is the current legal situation with respect to due process at work The principle of employment at will is a common law doctrine that states that an employer has the right to hire, fire, promote, or demote an employee, for whatever reason and whenever the employer wishes. When employees are not specifically covered by union agreement, legal statute, public policy or contract, an employer may legally take employment action on an employee. Unlike public sector employees, most workers in the private sector are "at will"...
7 Pages(1750 words)Essay

Due Process

...Due process Due process is the fundamental rule that the government must adhere to that forces them to respect every law and right that a person hasin accordance to the law as set down by the state. By not adhering to due process, the government risks going against the rights that citizens legally have for themselves to help protect them against the state. The government must abide by these laws as they help to defend individuals from abuse that might be implemented by the government; furthermore, due process is outlined as the Fifth and Fourteenth Amendments, and being...
1 Pages(250 words)Essay

Due Process Rights

...the right procedures to follow, and consequently if the government procedures available are inadequate, this will constitute a deprivation of the due process. In these three steps, the Constitution advocates for a fair hearing, before a tribunal or court. The citizen in question must e given the opportunity to present their evidence, while also having access to the claims of the opposing party so that he can meet them appropriately (FindLaw, 2012). Citizens who are brought to court to challenge the Government in a quasi-judicial process must be accorded fair advice on what the government proposes in their specific circumstances. If a...
2 Pages(500 words)Research Paper

Due process

...Due Process The American constitution provides rights and privileges that a person should enjoy at all times. The requirements for these legal rights that are owned by either the nation or the state to individuals and should be respected are referred to as the due process. The Due Process is provided in the fifth amendment of the Federal government constitution stipulating that individuals shall not be “deprived of life, liberty, or property without the due process of the law.” In addition, Due Process Clause is provided in the...
5 Pages(1250 words)Essay

The Accused

...The Accused (1988) of the Law of the Concerned May 6, The Accused (1988) The 1988 movie The Accused is based on thegang rape of a working class woman at a bar, in the very presence of cheerful and drunk onlookers, who jeered at the rapists all through the rape. In that sense, this particular rape scene in the movie The Accused signifies an extreme form of sexually aggressive behavior. In the context of the time in which the movie is placed, it presents this particular sort of sexually aggressive behavior as being acceptable in the society of those times. Many people may perhaps like to evince the view that such form of sexual aggression as depicted in The Accused is totally unacceptable in the current times. They fail to realize... in The...
3 Pages(750 words)Movie Review

Due Process Video

...Analysis of the Due Process Video The IDEA Principle that was challenged in the Stephen Jeffers v. School Board case is the Free, Appropriate Public Education (FAPE) principle. The principle states that all children in the United States who have any disabilities category should be provided with public education that is free and appropriate (Yell, 2012). The education is provided for free because it is catered for through public expenses, and thus the parents do not meet any costs. The Individualized Education program (IEP) should be developed to achieve the unique needs of the student. In the case, Stephen did not benefit from an appropriate education program offered by the school district. Thus the parent should be compensated... for the...
2 Pages(500 words)Movie Review

Crime control and due process models

...that the process of proper trial is adhered to. The process of an appeal to the Supreme Court is granted rights with the possibility of reversal of convictions made by a court. Hence the Supreme Court ensures the enforcement of legal remedies and rights for he accused as opposed to the legal process established in the crime control model. The Warren Court was majorly based on the due process model in operating the criminal justice; some evidence was deemed inadmissible depending on the means it was retrieved and the police were regulated in regards to their investigative powers. As...
5 Pages(1250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Montana v. Egelhoff: Due Process and the Right of the Accused to Present Evidence for FREE!

Contact Us