In what circumstances would a jury interpret a response from the Attorney General in response to a question of burden of proof?

California, United States of America


The following excerpt is from The People v. Gonzalez, F059210, Super. Ct. No. VCF216475 (Cal. App. 2011):

Under these circumstances, we do not see how the jury would understand this as shifting the burden of proof to the defense. We assume the jury understood the response to mean that the prosecution always had the burden of proof. (See People v. Mickey (1991) 54 Cal.3d 612, 689, fn. 17 ["The crucial assumption underlying our constitutional system of trial by jury is that jurors generally understand and faithfully follow instructions"].)

Other Questions


Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
Does the Attorney General have to reverse a finding of malice before a jury in a murder trial where the trial court's response to the question was incorrect? (California, United States of America)
In what circumstances will the Attorney General argue that a search conducted by a community caretaker is justified by the exigent circumstances doctrine? (California, United States of America)
In what circumstances will attorney fees be awarded under the private-attorney general theory? (California, United States of America)
In what circumstances would the Attorney General deny that 'multiplecoin operated' pinball machines constitute a slot machine? (California, United States of America)
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
In what circumstances would have been prejudiced in the impeachment trial of former Attorney General Jorge Mendoza? (California, United States of America)
What is the response to a request from the Attorney General for Attorney Work Product Privilege? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.