Reference no: EM133461043

Question

Our justice system 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. 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? 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 with citiations.