Does section 1109 of the California Criminal Code allow for a defendant to be presumed innocent?
MultiRegion, United States of America
The following excerpt is from Jensen v. Hernandez, 864 F.Supp.2d 869 (E.D. Cal. 2012):
Finally, section 1109 does not lessen the prosecution's burden of proof, because a properly instructed jury will be told the defendant is presumed innocent and the prosecution must prove him guilty beyond a reasonable doubt in order for the jury to convict. ( People v. Johnson, supra, 77 Cal.App.4th at p. 420 [91 Cal.Rptr.2d 596].) Accordingly, we find section 1109 does not violate due process.
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