All Burdens On Defendant Are Unconstitutional
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Criminal Law1
Example wrong choices
14619_peters_two_burden_instruction · CRIMINAL_LAW · Choice AViolated by the instructions as to both issues.
Why it's attractive
Highest-pull trap: students see two defendant burdens and conclude both violate due process.
Why it's wrong
Over-applies the element-burden rule to both issues.
Spot it next time
Underline the statute and classify each issue separately.
14619_peters_two_burden_instruction · CRIMINAL_LAW · Choice CViolated by the instruction on belief as to consent, but not violated by the instruction as to whether Mary was Peter’s wife.
Why it's attractive
Students merge actual consent with reasonable belief in consent and reverse the split.
Why it's wrong
Reverses the correct element/defense split.
Spot it next time
Check whether the jury already required actual nonconsent beyond a reasonable doubt.
14619_peters_two_burden_instruction · CRIMINAL_LAW · Choice DNot violated by either part of the instructions.
Why it's attractive
Students know affirmative-defense burdens can go to the defendant and over-apply that idea to the statutory wife element.
Why it's wrong
Correct as to the defense-side burden but misses the wife-status element burden.
Spot it next time
If a phrase is inside the offense definition, start by treating it as an element.
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