Rule 302. Presumptions in Criminal Cases
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Michigan Court Rules › Michigan Rules of Evidence › MRE 302
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(a) Scope. In a criminal case, this rule governs a presumption against a defendant that is
recognized at common law or is created by statute, including statutory provisions that certain
facts are prima facie evidence of other facts or of guilt.
(b) Instructing the Jury. When a presumed fact against a defendant is submitted to the jury, the
court must instruct the jury that:
(1) it may or may not conclude from the basic facts that the presumed fact is true; and
(2) the prosecution still bears the burden of proof beyond a reasonable doubt of all the
elements of the offense.
RULES 401–411
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