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Presumptions in criminal cases
Christopher B. Mueller, Laird C. Kirkpatrick and Liesa Richter (University of Colorado Law School, George Washington University – Law School and University of Oklahoma – College of Law) have posted two entries from their new book, Evidence §3.13 (6th ed. Wolters Kluwer 2018), on SSRN. The first is §3.13 ‘Presumptions’ in Criminal Cases. Here is the abstract: This article addresses the constitutionality of “presumptions” in criminal cases. It discusses the leading case of Sandstrom v Montana and its holding that a presumption cannot be mandatory in a criminal case. The second is §3.14 Inferences in Criminal Cases. Here is the abstract: This article addresses inferences in criminal cases. It discusses the leading case of County Court of Ulster v. Allen which held that inferences must be rational to be permitted in criminal cases. The Court also held that the rationality of the inference must by determined from the circumstances of each case rather than by assessing the inference on its face.