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Montana Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Montana on
Q: In the criminal justice system does the burdon of proof fall on the defense attorney?
Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

This depends on the situation. Generally the plaintiff, in this case the state must prove all elements of the alleged complaint. The burden may shift to the defense if proof is offered or there is an affirmative defense. I hope this helps.

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