Rule 303. PRESUMPTIONS IN CRIMINAL CASES

(a)

Scope. This rule governs the application of statutory and common law

presumptions, including statutory provisions that certain facts are

prima facie evidence of other facts or of guilt in criminal cases.

(b)

Submission to jury. The court may not direct a verdict against an

accused based on a presumption or statutory provisions that certain

facts are prima facie evidence of other facts or of guilt. The court may

permit a jury to infer guilt or a fact relevant to guilt based on a statutory

or common law presumption or prima facie evidence, if the evidence as

a whole supports guilt beyond a reasonable doubt.

(c)

Instructing the jury. Whenever the existence of a presumed fact

against the accused is submitted to the jury, the court in instructing the

jury should avoid charging in terms of a presumption. The charge must

include an instruction that the jurors may draw reasonable inferences

from facts proved beyond a reasonable doubt and may convict the

accused in reliance upon an inference of fact if they conclude that such

inference is valid and if the inference convinces them of guilt beyond a

reasonable doubt and not otherwise.

Maine Restyling Note [November 2014]

The Federal Rules of Evidence do not deal with presumptions in the

context of criminal cases. The Maine Rule has been restyled in accordance

with the federal restyling format.

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