What is the burden of proof between the prosecution and the defense?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tucker, 716 F.2d 576 (9th Cir. 1983):

The District of Columbia Circuit allocates the burden of proof between the defense and the prosecution by posing the following questions: (1) "Has the defendant demonstrated a likelihood that counsel's inadequacy prejudiced his defense?" and (2) "... Is the government unable to prove beyond a reasonable doubt that the constitutional deficiencies of counsel's representations were harmless?" United States v. Hinton, 631 F.2d 769, 771 (D.C.Cir.1980).

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