What is the burden of proof in a murder case?

California, United States of America


The following excerpt is from People v. Dalton, 247 Cal.Rptr.3d 273, 441 P.3d 283, 7 Cal.5th 166 (Cal. 2019):

"No burden of proof is constitutionally required, nor is the trial court required to instruct the jury that there is no burden of proof. [Citations.]" ( Dement , supra , 53 Cal.4th at p. 55, 133 Cal.Rptr.3d 496, 264 P.3d 292.) The trial court need not instruct that there is a presumption of life, that if the mitigating factors outweigh the aggravating factors the jury should impose a sentence of life imprisonment without the possibility of parole, or that a jury need not be unanimous in finding the existence of a mitigating factor. ( People v. Williams (2016) 1 Cal.5th 1166, 1204, 211 Cal.Rptr.3d 1, 384 P.3d 1162 ;

[7 Cal.5th 268]

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