§ 40.125 Rule 309 Presumptions in criminal proceedings

Codes > Oregon Revised Statutes > Title 4 > Chapter 40 : Burden of > 40.125

40.125. Rule 309. Presumptions in criminal proceedings

    (1) The judge is not authorized to direct the jury to find a presumed fact against the accused.

    (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.