Burden Of Proof

Question 0

(b) The prosecuting attorney _____ required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense _____ submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a _____ on the issue requires that the defendant be acquitted.

Answer 0

is not; is not; reasonable doubt

Question 1

All persons are presumed to be innocent and no person may be convicted of an offense unless each _____ of the offense is proved _____. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

Answer 1

element; beyond a reasonable doubt

Question 2

(b) The prosecuting attorney _____ required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(c) The issue of the existence of an affirmative defense _____ submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a _____.

Answer 2

is not; is not; preponderance of evidence

Question 3

If there is _____ evidence of the facts that give rise to the presumption, the issue of the existence of the _____ fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding _____ of the presumed fact; and

Answer 3

sufficient; presumed; beyond a reasonable doubt

Question 4

If the existence of the _____ fact is submitted to the jury, the court shall charge the jury, in terms of the presumption and the specific element to which it applies, as follows:
(A) that the facts giving rise to the presumption must be proven _____;
(B) that if such facts are proven _____ the jury may find that the element of the offense sought to be presumed exists, but it is not bound to so find;
(C) that even though the jury may find the existence of such element, the state must prove _____ each of the other elements of the offense charged; and
(D) if the jury has a _____ as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury _____ consider the presumption for any purpose.

Answer 4

presumed; beyond a reasonable doubt; beyond a reasonable doubt; beyond a reasonable doubt; reasonable doubt; shall not