CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......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.