§ RULE 302. PRESUMPTIONS IN CRIMINAL CASES

Codes > Michigan Rules of Evidence > Rules 301-302 > RULE 302.

RULE 302. PRESUMPTIONS IN CRIMINAL CASES

(a) Scope. In criminal cases, presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule.

(b) Instructing the Jury. Whenever the existence of a presumed fact against an accused is submitted to the jury, the court shall instruct the jury that it may, but need not, infer the existence of the presumed fact from the basic facts and that the prosecution still bears the burden of proof beyond a reasonable doubt of all the elements of the offense.