What is the burden of persuasion against the government?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rodriguez, 950 F.2d 85 (2nd Cir. 1991):

Although the government retains the burden of persuasion, a defendant must introduce some evidence contrary to the presumed fact in order to rebut the presumption. Martir, 782 F.2d at 1144. Once a defendant introduces rebuttal evidence, the presumption, rather than disappearing altogether, continues to be weighed along with other factors to be considered when deciding whether to release a defendant. Id.; see also United States v. Jessup, 757 F.2d 378, 382-83 (1st Cir.1985) (rejecting "bursting bubble" approach).

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