Oregon Statutes 40.125 – Rule 309. Presumptions in criminal proceedings
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(1) The judge is not authorized to direct the jury to find a presumed fact against the accused.
Terms Used In Oregon Statutes 40.125
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Juror: A person who is on the jury.
(2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:
(a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and
(b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 § 18]