What is the test for giving a jury instructions that allow the prosecution to avoid the burden of proving beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Velasquez, F062517 (Cal. App. 2012):
"The Due Process Clause of the Fourteenth Amendment denies States the power to deprive the accused of liberty unless the prosecution proves beyond a reasonable doubt every element of the charged offense. [Citation.] Jury instructions relieving States of this burden violate a defendant's due process rights. [Citations.] Such directions subvert the presumption of innocence accorded to accused persons and also invade the truth-finding task assigned solely to juries in criminal cases." (Carella v. California (1989)
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