What is the burden of establishing a defendant's innocence?

California, United States of America


The following excerpt is from People v. Thompson, 1 Cal.5th 1043, 210 Cal.Rptr.3d 667, 384 P.3d 693 (Cal. 2016):

burden of establishing her innocence. As we explained in People v. Prieto (2003) 30 Cal.4th 226, 133 Cal.Rptr.2d 18, 66 P.3d 1123, the instruction uses the word "innocence" " 'as a direction signal or compass. It does not tell the jurors they must find innocence, nor does it lighten the prosecution's burden of proof, upon which the jury received full and complete instructions.' " (Id. at p. 254, 133 Cal.Rptr.2d 18, 66 P.3d 1123 ; see People v. Dement (2011) 53 Cal.4th 1, 5455, 133 Cal.Rptr.3d 496, 264 P.3d 292 [CALJIC No. 2.51"does not shift the burden of proof to the defendant to show an alternative motive to that advanced by the prosecution"].) Accordingly, "no reasonable juror would misconstrue CALJIC No. 2.51 as 'a standard of proof instruction apart

[210 Cal.Rptr.3d 738]

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