Is it improper for a prosecutor to suggest that a defendant has a duty or burden to produce evidence to prove their innocence?

California, United States of America


The following excerpt is from People v. Graham, C087027 (Cal. App. 2021):

It is improper for a prosecutor to suggest that a defendant has a duty or burden to produce evidence, or a duty or burden to prove his or her innocence.' (People v. Woods (2006) 146 Cal.App.4th 106, 112, quoting People v. Bradford (1997) 15 Cal.4th 1229, 1340.) We agree with defendant that the prosecutor's questions crossed the line between asking defendant to acknowledge the common-sense notion that a criminal defendant would presumably want a jury to acquit her and imposing a burden on defendant to prove her innocence.

Other Questions


Can a prosecutor argue that a defendant has a duty or burden to produce evidence to prove their innocence? (California, United States of America)
What is the burden of producing evidence and proving by a preponderance of that evidence that the conservatee is no longer gravely disabled? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable interpretation of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
When a prosecutor said that appellant had failed to produce any evidence at trial, and the appellant failed to present any evidence to the jury, is that comment improper or harmless? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable account of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
Is it error for a prosecutor to suggest that a reasonable account of the evidence satisfies the prosecutor's burden of proof? (California, United States of America)
Does the word "innocence" or "innocent" constitute the burden of establishing a defendant's innocence? (California, United States of America)
Does defendant have any grounds to argue that the Court of Appeal overturned a finding that a prosecutor improperly admitted evidence of sexual assault under section 352(b) of the California Evidence Code? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.