What is the burden of proof in a criminal case?
California, United States of America
The following excerpt is from The People v. Gonzalez, F059210, Super. Ct. No. VCF216475 (Cal. App. 2011):
"[T]he prosecution must prove every element of a charged offense beyond a reasonable doubt. The accused has no burden of proof or persuasion, even as to his defenses. [Citations.]" (People v. Gonzalez (1990) 51 Cal.3d 1179, 1214-1215.) Comments by a prosecutor are "improper if meant to absolve the prosecution from its prima facie obligation to overcome reasonable doubt on all elements." (Id. at p. 1215.)
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