Burden of Proof in Texas Penal Code

Burden of Proof in Texas Penal Code

• All persons are presumed innocent, and no one can be convicted unless each element of the offense is proved beyond a reasonable doubt.
• Being arrested, confined, or indicted for an offense does not imply guilt at trial.
• Exceptions to an offense in the Texas Penal Code are labeled as such and must be negated by the prosecuting attorney in the accusation charging the offense.
• Defenses to prosecution are labeled as such and do not need to be negated by the prosecuting attorney in the accusation charging the offense.
• Evidence supporting the existence of a defense must be admitted before the issue is submitted to the jury.
• If the issue of the existence of a defense is submitted to the jury, a reasonable doubt requires the defendant to be acquitted.
• Affirmative defenses in the Texas Penal Code are labeled as such and do not need to be negated by the prosecuting attorney in the accusation charging the offense.
• Evidence supporting the existence of an affirmative defense must be admitted before the issue is submitted to the jury.
• If the issue of the existence of an affirmative defense is submitted to the jury, the defendant must prove it by a preponderance of evidence.
• When a presumption is established with respect to any fact, and there is sufficient evidence, the issue of the existence of the presumed fact must be submitted to the jury.
• If the existence of the presumed fact is submitted to the jury, the court shall charge the jury regarding the presumption and the specific element to which it applies.
• When a presumption is established in favor of the defendant, and there is sufficient evidence, the issue of the existence of the presumed fact must be submitted to the jury.