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Absence of Evidence and Burden Shifting
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LSAT
LR.100 Absence of Evidence and Burden Shifting
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Under a stated criminal procedure, the prosecution must prove guilt, and an acquittal means only that this burden was not met. Which statement avoids an absence-of-evidence error?
A
The acquittal shows that every prosecution witness lied.
B
The acquittal shifts the burden to the defendant to prove innocence later.
C
The acquittal establishes that guilt was not proved under the required standard, not necessarily that factual innocence was proved.
D
The acquittal proves that the alleged event never occurred.
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