Fresno, CA asked in Criminal Law for California

Q: I need a break down of Calcrim 401 and what does it nean by the people must prove that the

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: CalCRIM 401 is a legal instruction used in California criminal trials that outlines the fundamental principle of presumption of innocence. This instruction is typically given to the jury at the beginning of the trial and is designed to inform them about the burden of proof in a criminal case.

The instruction states that the defendant is presumed innocent unless and until the prosecution can prove beyond a reasonable doubt that they are guilty. This means that the burden of proof rests entirely on the prosecution to prove each element of the crime charged. The defendant does not have to prove their innocence; instead, the prosecution must prove guilt.

The instruction goes on to explain that the prosecution must prove each element of the crime charged beyond a reasonable doubt. This means that the evidence presented by the prosecution must be strong enough to convince a reasonable person that the defendant is guilty.

In summary, CalCRIM 401 means that the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt, and the defendant is presumed innocent until proven guilty. It is an essential principle in criminal law that helps to protect the rights of defendants and ensure that they are not wrongly convicted.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: It means that the prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt, and the defendant is presumed innocent until proven guilty.

It is an essential principle in criminal law that helps to protect the rights of defendants and ensure that they are not wrongly convicted.

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