Does the presumed element of a civil claim need to be proven beyond a reasonable doubt?
MultiRegion, United States of America
The following excerpt is from Myers v. State of Washington, 646 F.2d 355 (9th Cir. 1981):
14 The Washington court read Barnes v. United States, 412 U.S. 837, 93 S.Ct. 2357, 37 L.Ed.2d 380 (1973), as requiring that the "presumed element must be shown to follow from the facts proven beyond a reasonable doubt 'in light of present-day experience.' " 88 Wash.2d at 343, 562 P.2d at 1262. We intimate no opinion as to whether this reading of Barnes is correct.
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