14. Burden of Proof (14A)

Question 1

What is the rule under Due Process Clause of Fourteenth Amendment regarding burden of proof?

Answer 1

State

• Must prove guilt (all elements of crime) ‘beyond reasonable doubt’
• Even if mandatory presumption shifts burden to Defendant

Defendant
- May prove affirmative defences (insanity/self-defence)

Question 2

What type of presumptions are allowed?

Answer 2

Permissive presumption

• Jury can infer element of crime from Prosecutor’s proof of facts
• Proof of facts must have rational connection to ultimate fact presumed

NOT Irrebuttable mandatory presumption

• Jury must infer element of crime from Prosecutor’s proof of facts (even if sole evidence)
• Violates 14A which requires Prosecutor to prove beyond reasonable doubt ALL elements of crime

NOT Rebuttable mandatory presumption
- Shifts burden of proof of element of crime to Defendant

Question 3

What happens if judge/jury finds Defendant not guilty despite considering all evidence in favour of Prosecution?

Answer 3

Violation of 14A DPC

Question 4

What is required for a judge giving a jury instruction to the jury (requested by prosecution/defendant)?

Answer 4

1) Correct instruction
2) NOT already given
3) Supported by some evidence