What is the current state of the law on the presumption of innocence and the burden of proof?

California, United States of America


The following excerpt is from People v. Vera, (Cal. App. 2013):

The law states that a presumption of innocence instruction merely offers an additional safeguard beyond the required reasonable doubt instruction. (Arizona v. Fulminante, supra, 499 U.S. at p. 291.) At the same time, the law also says the presumption of innocence standard is the bedrock and foundation of the administration of our criminal law, and due process "protects the accused against conviction except upon proof beyond a reasonable doubt." (In re Winship (1970) 397 U.S. 358, 364.) Thus, satisfactory instructions on the presumption of innocence depend upon satisfactory instructions on the burden of proof, and vice versa. Unfortunately the court provided unsatisfactory instructions for both underpinnings of our criminal justice system.

Other Questions


What is the current state of the law on the presumption of presumption of innocence in a criminal case? (California, United States of America)
Does the trial court erroneously instruct the jury on the presumption of innocence or the prosecution's burden of proof? (California, United States of America)
What is the current state of the law on the doctrine of "presumption of innocence"? (California, United States of America)
In making its ruling that the burden of proof is not the presumption, does the court have to rely on the presumption? (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)
When a defendant who has been acquitted of an offense petitions for a finding of factual innocence, what is the burden of proof? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
What is the burden of proof against a defendant who is not a resident of the forum state? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
Does a presumption affecting the burden of proof apply to an employee seeking reinstatement? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.