A Sixth Amendment violation occurs when a conclusive presumption is required by law.

Question

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A conclusive presumption required by law that infringes on a defendant's right to have a jury determine beyond a reasonable doubt every element of the crime charged is a violation of the Sixth Amendment. This is because it removes from the jury's consideration potentially factual elements that are necessary for the guilt determination.

A Sixth Amendment Violation Occurs When a Conclusive Presumption Is