Due Process: Burden of Proof and Sufficiency of Evidence

Question 1

Proving guilt beyond a reasonable doubt

Answer 1

14A Due Process Clause: requires that the govt. prove guilt beyond a reasonable doubt in all criminal cases

Prosecution must prove all elements of every crime charged beyond a reasonable doubt
* Burden is always on the prosecution
-This cannot be changed
-E.g. a state law shifting burden onto D to prove he is not guilty is unconstitutional
* D has burden of proving any affirmative defenses he raises
-State laws vary on what burden D must satisfy (i.e. there is no single constitutional requirement)
* A conviction is valid unless no rational judge or jury, viewing evidence in the light most favorable to prosecution, would convict D
* Note: know these requirements; burden of proof questions often appear on the MBE

Question 2

Jury instructions and mandatory presumptions

Answer 2

Judge cannot give mandatory jury instructions on elements of a charged crime
-Requiring jury to make a presumption regarding an element of the charged crime violates due process
-E.g. in a murder trial where body was never found, cannot instruct jury to presume that s missing person is presumed dead