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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a criminal case, a proposed presumption would negate an asserted defense. The prosecutor argues that Section 6 is irrelevant because the inference concerns a defense rather than an offense element, so an ordinary civil production rule is enough. Which is correct?

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Only the case caption determines the inference's reliability Section 6 expressly includes a presumed fact negating a defense and requires the stated beyond-reasonable-doubt foundation and inference The prosecutor may choose either civil or criminal standards Every defense-negating presumption is exempt from Section 6

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