What is the test for a defendant to be found not guilty under section 1096 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Lewis, 106 Cal.Rptr.2d 629, 22 P.3d 392, 25 Cal.4th 610 (Cal. 2001):
The challenged portion of the instruction derives from section 1096, which embodies "a cardinal rule of Anglo-American jurisprudence"the presumption of innocence and its corresponding burden of proving a defendant guilty beyond a reasonable doubt. (People v. Morris (1968) 260 Cal. App.2d 848, 849-850, 67 Cal.Rptr. 566.) That provision states in pertinent part, "A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his or her guilt is satisfactorily shown, he or she is entitled to an acquittal, but the
[106 Cal.Rptr.2d 663]
effect of this presumption is only to place upon the state the burden of proving him or her guilty beyond a reasonable doubt." ( 1096, italics added.)[106 Cal.Rptr.2d 663]
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