Burden of Proof & Sufficiency of Evidence & Appeal and Error

Question 1

burden of proof

Answer 1

prosecution MUST prove every element of a crime beyond a reasonable doubt
- burden of proof CANNOT be shifted to D
- making D prove affirmative defenses is allowed

Question 2

presumptions for jury instructions

Answer 2

2 types:
1. rebuttable presumption: (one that may be disputed or overcome by additional evidence) violates the due process clause if it shifts the burden of proof to D
2. irrebuttable presumption: (one that CANNOT be disputed or overcome) is a per se violation of the due process clause

Question 3

sufficiency of evidence

Answer 3

a court MUST enter a judgment of acquittal if the evidence is insufficient to sustain a conviction (when a reasonable jury would NOT find that each element was proven beyond a reasonable doubt)
- D MAY move for judgment of acquittal either:
1. at the close of its case-in-chief, OR
2. after the close of all evidence

Question 4

harmless error rule

Answer 4

EVEN IF evidence is improperly admitted at trial, a guilty verdict will stand if the prosecution can prove that the error was harmless
- aka that D would have been convicted anyway