Does a prosecutor have an obligation to provide affirmative evidence to prove their client's innocence?

California, United States of America


The following excerpt is from People v. Robinson, A141457 (Cal. App. 2015):

(People v. Weaver (2012) 53 Cal.4th 1056, 1077 [rejecting claim that prosecutor's argument shifted the burden of proof by suggesting the defendant had an obligation to "'provide affirmative evidence of his innocence'"].) This is not a situation like the one in People v. Woods (2006) 146 Cal.App.4th 106 where the prosecutor told the jury the "defense had an 'obligation' to present evidence[,]" which "expressly and erroneously advised the jury that appellant bore some burden of proof or persuasion." (Id. at p. 113.)

Other Questions


Can a prosecutor argue that a defendant has a duty or burden to produce evidence to prove their innocence? (California, United States of America)
When a prosecutor manipulates the array of evidence before the grand jury, does the prosecutor have a duty to inform the jury of exculpatory evidence of which he or she is aware of? (California, United States of America)
Is it improper for a prosecutor to suggest that a defendant has a duty or burden to produce evidence to prove their innocence? (California, United States of America)
Does a prosecutor have an obligation or obligation to present evidence of misconduct to the jury in a criminal case? (California, United States of America)
What is the burden of proving that a client's understanding and understanding of an attorney-client transaction was fully understood? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable account of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable account of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
Does a plaintiff have a duty to provide sufficient evidence to prove that a guarantee is not a guarantee? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.