357: Listen and Learn -- Prosecution of a Criminal Trial (Burdens, Presumptions, Sufficiency)
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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The Lasting Blast of Proof in a Criminal Case
The burden of proof in a criminal case is on the prosecution. The prosecution must rove every element of a crime beyond a reasonable doubt. On the other hand, the defendant may have the burden to prove any affirmative defences they might raise. So for example, if the prosecution is bringing an assault case against a defendant, the prosecution must prove every element of assault beyond areasonable doubt. But if the defendant wants to argue that he only acted to protect his children, the defendant has theurden to prove they acted in defence of others. Let's see how burden of proof and shifting burdens plays out by looking at a sample question adapted from the february two thousand eight california bar exam
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