What is the burden of establishing factual innocence in a criminal case?

California, United States of America


The following excerpt is from People v. Enders, H036458 (Cal. App. 2011):

" 'Establishing factual innocence . . . entails establishing as a prima facie matter not necessarily just that the [defendant] had a viable substantive defense to the crime charged, but more fundamentally that there was no reasonable cause to arrest him in the first place.' [Citation.] A trial court's finding of factual innocence based solely on its own interpretation of the evidence does not sustain the defendant's burden any more than a failure of the prosecution to convict. [Citation.]" (Adair, supra, 29 Cal.4th at p. 905, fn. omitted; see also People v. Matthews (1992) 7 Cal.App.4th 1052, 1056-1057 (Matthews).)

Other Questions


What is the burden of establishing factual innocence in a criminal case? (California, United States of America)
What is the test for establishing factual innocence in a criminal case? (California, United States of America)
What is the burden of establishing factual innocence of a defendant under section 851.8 of the California Criminal Code? (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)
What is the burden of proving a defendant's innocence in a criminal case? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the test for establishing a prima facie case in a criminal case? (California, United States of America)
What is the burden of establishing unavailability and due diligence in a criminal case? (California, United States of America)
What is the test for establishing that a defendant has committed a criminal offence against a defendant in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.