When a presumption operates against an accused in a criminal action, state courts generally allow, but do not require, the trier of fact to accept a presumed fact if the burden of proof has been met by the prosecution. However, a presumption does not shift to the accused the burden of either producing evidence or of persuading the trier of fact that the presumed fact does not exist.

Question

Quizplus · Accepted Answer

Presumptions in criminal law do not shift the burden of proof to the accused; rather, they allow the trier of fact to accept a presumed fact if the prosecution meets its burden of proof. The accused is not required to disprove the presumed fact or produce evidence against it, maintaining the principle of "innocent until proven guilty."

When a Presumption Operates Against an Accused in a Criminal