Does a prosecutor's statement during his rebuttal argument shift the burden of proof to defendant?

California, United States of America


The following excerpt is from People v. Cornejo, B285901 (Cal. App. 2018):

We do not agree that the prosecutor's statements shifted the burden of proof. Having reviewed the entire record, including the parties' arguments and the trial court's instructions, we conclude there was no reasonable likelihood that the jurors construed the prosecutor's statements during rebuttal argument to shift the burden of proof to defendant. The instructions are particularly significant because " '[t]he crucial assumption underlying our constitutional system of trial by jury is that jurors generally understand and faithfully follow instructions.' " (People v. Delgado (1993) 5 Cal.4th 312, 331.)

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