Okla. Stat. tit. 12, § 12-2304
This is the official text of Okla. Stat. tit. 12, § 12-2304, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Presumptions in criminal cases
Official statutory text
A. Except as otherwise provided by act of the Legislature, this
statute governs presumptions against an accused, in a criminal case,
recognized at common law or created by statute, including statutory
provisions that certain facts are prima facie evidence of other
facts or of guilt.
B. The court shall not direct the jury to find a presumed fact
against an accused. If a presumed fact establishes guilt, is an
element of the offense, or negates a defense, the court may submit
the question of guilt or of the existence of the presumed fact to
the jury, if a reasonable juror considering the evidence as a whole,
including the evidence of the basic facts, could find guilt or the
presumed fact beyond a reasonable doubt. If the presumed fact has a
lesser effect, its existence may be submitted to the jury if the
basic facts are supported by substantial evidence, or are otherwise
established, unless the evidence as a whole negates the existence of
the presumed fact.
C. Whenever the existence of a presumed fact against the
accused establishes guilt or is an element of the offense or
negatives a defense and is submitted to the jury, the judge shall
Oklahoma Statutes - Title 12. Civil Procedure Page 445
give an instruction explaining that the jury may regard the basic
facts as sufficient evidence of the presumed fact but is not
required to do so. Where the presumed fact establishes guilt, is an
element of the offense or negatives a defense, the judge also shall
instruct the jury that its existence, on all the evidence, must be
proved beyond a reasonable doubt.
statute governs presumptions against an accused, in a criminal case,
recognized at common law or created by statute, including statutory
provisions that certain facts are prima facie evidence of other
facts or of guilt.
B. The court shall not direct the jury to find a presumed fact
against an accused. If a presumed fact establishes guilt, is an
element of the offense, or negates a defense, the court may submit
the question of guilt or of the existence of the presumed fact to
the jury, if a reasonable juror considering the evidence as a whole,
including the evidence of the basic facts, could find guilt or the
presumed fact beyond a reasonable doubt. If the presumed fact has a
lesser effect, its existence may be submitted to the jury if the
basic facts are supported by substantial evidence, or are otherwise
established, unless the evidence as a whole negates the existence of
the presumed fact.
C. Whenever the existence of a presumed fact against the
accused establishes guilt or is an element of the offense or
negatives a defense and is submitted to the jury, the judge shall
Oklahoma Statutes - Title 12. Civil Procedure Page 445
give an instruction explaining that the jury may regard the basic
facts as sufficient evidence of the presumed fact but is not
required to do so. Where the presumed fact establishes guilt, is an
element of the offense or negatives a defense, the judge also shall
instruct the jury that its existence, on all the evidence, must be
proved beyond a reasonable doubt.
Status: in_force · Read it on the official government site
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