What is the burden of proving a defendant's innocence in a criminal case?
California, United States of America
The following excerpt is from People v. Juarez, C051453 (Cal. App. 5/17/2007), C051453 (Cal. App. 2007):
This argument was nothing more than a permissible comment on the failure to call logical witnesses. (People v. Bell (1989) 49 Cal.3d 502, 539.) No reasonable jury would have construed the argument as saying that defendant had the burden of proving his innocence. There was no prosecutorial misconduct.
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