Does an instruction allowing the jury to credit or reject an inference "based on its evaluation of the evidence" relieve the People's burden of establishing guilt beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Morales, F073064 (Cal. App. 2018):

An instruction permitting the jury to credit or reject an inference "based on its evaluation of the evidence . . . does not relieve the People of any burden of establishing guilt beyond a reasonable doubt." (People v. Anderson (1989) 210 Cal.App.3d 414, 427-430.) However, "[t]he due process clauses of the federal Constitution . . . require a

Page 23

Other Questions


Does Section 1118.1 of the Criminal Code require a reviewing court to "ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt"? (California, United States of America)
What is the difference between a district attorney's instruction to a jury in a sexual assault case and the general burden of proving guilt beyond a reasonable doubt? (California, United States of America)
Does evidence code section 1108 reduce the prosecution's burden to prove guilt beyond a reasonable doubt? (California, United States of America)
Does the Attorney General have any authority to charge the jury on how to relate the evidence of that defense to the prosecution's general burden of proving guilt beyond a reasonable doubt? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
Does a competent, unconflicted counsel who submitted on the evidence at the preliminary hearing, should have argued to the trial court that this evidence did not establish the lawful duty element beyond a reasonable doubt? (California, United States of America)
What is the burden of establishing guilt beyond a reasonable doubt? (California, United States of America)
What is the test for giving a jury instructions that allow the prosecution to avoid the burden of proving beyond a reasonable doubt? (California, United States of America)
In what circumstances will a jury interpret the instructions of a jury as permitting a conviction on a standard less than beyond beyond beyond the reasonable doubt? (California, United States of America)
How has the jury been instructed on the prosecution's burden of proving a defendant's guilt beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.