CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Criminal Presumptions-Burden of Proof
.........In General
6 Cards On This Topic:

Presumption affecting burden of proof in criminal action.

Prima facie language in statutes establishes rebuttable presumptions.

Presumptions and judicial notice recitals need not be stated in accusatory pleadings.

Instructing jury it must accept reasonable, over unreasonable, interpretation of evidence does not create mandatory presumption which lessens People's burden of proof.

EC §1108 instruction was correct that charged sex offenses can be used to show a propensity to commit other such offenses, but not in stating a charged offense need be found true only by a preponderance of the evidence before it can be so used.

Failure to instruct on presumption of innocence and DA's burden of proof beyond reasonable doubt constitutes prejudicial error requiring reversal.