CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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Criminal Presumptions-Burden of Proof
.........Constitutionality of Crim Presumps
5 Cards On This Topic:
Constitutionality of presumptions in criminal cases.
Criminal presumption must not undermine factfinder's responsibility to find all elements of crime beyond reasonable doubt.
All statutes assigning burdens of proof in criminal cases are subject to reasonable doubt standard.
Mandatory presumptions, whereby essential elements of crime must be found from proof of basic elements, are unconstitutional. May be reframed as permissible inferences.
May not use presumption to satisfy key element of offense in criminal proceedings.