• 2008 - Presumption
  • K-5.18
    • Charge To Jury
    • Circumstantial Evidence
    • Evidence
    • Presumption
    • Closing Instructions
  • A presumption is an inference of a fact not certainly known, which the law expressly directs to be drawn from particular facts or circumstances in the case. It substitutes for evidence and governs you in finding the facts unless it is disproved (meaning that the contrary has been established by credible evidence or if, from the evidence, you have a reasonable doubt as to the existence of the presumed fact), in which event the presumption is rebutted and ceases to operate. Although the evidence as a whole must establish the presumed fact beyond a reasonable doubt, you may so find on the basis of presumption alone, because the law regards the facts giving rise to the presumption as strong evidence of the fact presumed.
    • 12.1-01-03
    • 12.1-28-01
    • 14-07-17
    • 31-11-03
    • 36-12-04
    • 31-11-03
    • City of Dickinson v. Gresz, 450 NW2d 216 (ND 1989)
    • Fancher v. ND Workmen's Comp. Bureau 123 NW2d 105 (ND 1963)
    • Sandstrom v. Montana, 442 US 510, 99 SCt 2450, 61 LEd2d 39 (1979)
    • State v. Sheldon, 301 NW2d 604 (ND 1980)
    • State v. Trieb, 315 NW2d 649 (ND 1982)
  • Notes: This instruction will likely be preceded by a specific instruction that outlines a statutory presumption. Examples of statutory presumptions are found in NDCC 12.1-28-01, 14-07-17, and 36-12-04. Caution should be exercised in determining whether to instruct the Jury on a statutory presumption that in effect presumes guilt from specified circumstances. Presumptions of this sort have been held to be a denial of due process of law because they operate to countermand the fundamental presumption of innocence and cast the burden on the Defendant to disprove his guilt.