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Question

Our system of justice places the burden of proof of guilt upon the

prosecution. Under the Constitutional presumption of innocence, the

burden of proof of guilt never shifts to the defense to prove innocence.

Q1.If you had the power to change the U.S. Constitution and all state

constitutions, would you consider situations where you would permit

the burden of proof of guilt to shift to the defense, thereby requiring

that the defense prove the defendant not guilty?

Q2. Are there circumstances under the state of current law that would

require the defendant to bear the burden of proving affirmative

defenses, if the defense wants to raise those defenses at trial? Please

explain your responses in your initial post.

Fig: 1