What is the test for lightening the burden of proof in a sexual assault case?
California, United States of America
The following excerpt is from The People v. Patterson, A125960, No. SCR559293 (Cal. App. 2011):
"Since principles of due process protect the accused against conviction except upon proof beyond a reasonable doubt [citation], an instruction to the jury which has the effect of reversing or lightening the burden of proof constitutes an infringement on the defendant's constitutional right to due process. [Citations.]"
Page 14
(People v. Saddler (1979) 24 Cal.3d 671, 679-680.)
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