ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant is charged with a crime requiring proof of every element beyond a reasonable doubt. The trial court instructs the jury that the defendant must prove his innocence. This instruction violates:

The Eighth Amendment's ban on cruel and unusual punishment The Contracts Clause The Due Process Clause, which requires the prosecution to prove every element beyond a reasonable doubt (In re Winship) The Privileges and Immunities Clause

Correct Answer:

The Due Process Clause, which requires the prosecution to prove every element beyond a reasonable doubt (In re Winship)

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