Burden of Proof Flashcards

1
Q

What are the 2 Burdens?

A
  1. Burden of Production
  2. Burden of Persuasion
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2
Q
  1. Burden of Production
A

A. The government has the burden of production regarding the elements of a crime.

B. D has the burden of production as to any defenses

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3
Q
  1. Burden of Persuasion
A

A. When the burden of production has been met, then go this step.

B. The party with the burden of production does not necessarily have the burden of persuasion

C. Government can carry the burden of persuasion (Beyond a Reasonable Doubt).

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