...of Tot, Gainey, and Romano is, we think, that a criminal statutory presumption must be regarded as "irrational" or "arbitrary," and hence unconstitutional,...to flow from the proved fact on which it is made to depend.64 And in the judicial assessment the congressional determination favoring the particular presumption...

...of Tot, Gainey, and Romano is, we think, that a criminal statutory presumption must be regarded as "irrational" or "arbitrary," and hence unconstitutional,...to flow from the proved fact on which it is made to depend.61 And in the judicial assessment the congressional determination favoring the particular presumption...

...assurance about the way fishing boats operate that the presumed fact about all the fish on the vessel is more likely than not to flow from the proved fact on which it is made to depend, ie, that the vessel was found to be fishing in the territorial waters of the United States. This Department...

...assurance about the way fishing boats operate that the presumed fnct about all the fish on the vessel is more likely than not to flow from the proved fact on which it is made to depend, ie, that the vessel was found to be fishing in the territorial waters of the United States. This Department...

...in Leary v. United States,3*2 which held that "a criminal statutory presumption must be regarded as 'irrational' or 'arbitrary,' and hence unconstitutional,...to flow from the proved fact on which it is made to depend."303 In Leary, the Court overturned a statute that authorized conviction of a person for possession...

...to be used to determine if that connection exists is if it can 'at least be said with sul>stantial assurance that the presumed fact is more likely than not to flow from the proved fact.' The Court emphasized the importance of this standard by undertaking an independent examination of the...

...6 (1909), the Supreme Court said In dictum, that a criminal statutory presumption would stand up If "It can at least be said with substantial assurance...from the proved fact on which It Is made to depend." Id. at 36. As a practical matter, In the case at hand no one could publish a verbatim text of the Court's...

...6 (1969), the Supreme Court said In dictum that a criminal statutory presumption would stand up If "It can at least be said with substantial assurance...from the proved fact on which It Is made to depend." Irl. at 36. As a practical matter, In the case at hand no one could publish a verbatim text of the...

...the first time, indicated that the standard to be used to determine if that connection exists is if it can 'at least be said with substantial assurance...more likely than -not to flow from the proved fact.' The Court emphasized the importance of this standard by undertaking an independent examination of the...

...presumption must be regarded as 'irrational' or 'arbitrary' and hence unconstitutional unless it can be said with substantial assurance that the presumed...from the proved fact on which it is made to depend." 3115 US at 36. (While Senator Hart disclaims criminal law status for his hill, surely the drastic sanctions...