Sam Is Sitting in a Courtroom Doing an Assignment for His

Multiple Choice

Sam is sitting in a courtroom doing an assignment for his evidence class. He hears Paul, the Prosecutor, and Dick, the Defense Attorney, talking to Judge John:
· Paul asked the judge to accept a stipulation that the defendant had a prior conviction. Dick denied that the defendant had ever been convicted before.
· Dick asked the judge to take judicial notice of the fact that it was daylight at 10 a.m. on June 5.
· Paul asked the judge to instruct the jury on a presumption. Dick objected on the grounds that Paul had not established the basic fact beyond a reasonable doubt. Should Judge John give a jury instruction about the presumption as requested by Paul?

A) Yes, the prosecution is allowed to introduce presumptions in criminal cases as long as there is some basis in fact for them.
B) Yes, as long as Dick has an opportunity to introduce evidence to disprove the presumed fact.
C) No, Dick is correct. The prosecution must establish the basic fact beyond a reasonable doubt in criminal cases.
D) No, presumptions are unconstitutional in criminal cases.