Sam Is Sitting in a Courtroom Doing an Assignment for His

question 43

Multiple Choice

Sam is sitting in a courtroom doing an assignment for his evidence class. He hears Paul, the Prosecutor, and Dick, the Defense Attorney, talking to Judge John:
· Paul asked the judge to accept a stipulation that the defendant had a prior conviction. Dick denied that the defendant had ever been convicted before.
· Dick asked the judge to take judicial notice of the fact that it was daylight at 10 a.m. on June 5.
· Paul asked the judge to instruct the jury on a presumption. Dick objected on the grounds that Paul had not established the basic fact beyond a reasonable doubt. Should Judge John give a jury instruction about the presumption as requested by Paul?

• A) Yes, the prosecution is allowed to introduce presumptions in criminal cases as long as there is some basis in fact for them.
• B) Yes, as long as Dick has an opportunity to introduce evidence to disprove the presumed fact.
• C) No, Dick is correct. The prosecution must establish the basic fact beyond a reasonable doubt in criminal cases.
• D) No, presumptions are unconstitutional in criminal cases.

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