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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Law School Tool Box Prodcast - Is This a Good Idea?
The judge is not telling the jury to presume anything against him. But think about the flip side. With this presumption, the prosecutior no longer has to prove beyond a reasonable doubt that some one intended to kidnap harriet. All harriet said in her testimony was that a mysterious voice called her talking about ransom. The jury is free to infer from her testimony that the caller meant to kidnap her, but to instruct the jury to presumed that is true runs a fell of the due process clause.
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