The difference between a presumption and an inference is that: a. a presumption

Question

The difference between a presumption and an inference is that:

a. a presumption is an absolute requirement that the jury must follow in a criminal case and an inference allows a jury to ignore the conclusion that is normally drawn with respect to an inference.

b. a presumption has a mandatory effect in criminal cases and an inference has very little effect because its conclusion is so weak.

c. a presumption is the deduction of fact that a jury “must” draw if the first fact on which it is based is proved, but it is not required to make the deduction in a criminal case, whereas an inference has less strength and a jury has the ability to draw the deduction or to refuse to draw the deduction with respect to an inference in a criminal case.

d. A jury is required to follow an inference in a criminal case but it is has the discretion not to follow a presumption even if the preliminary fact has been proven.

Explanation / Answer

The correct answer is Option C. A presumption is the deduction of fact that a jury “must” draw if the first fact on which it is based is proved, but it is not required to make the deduction in a criminal case, whereas an inference has less strength and a jury has the ability to draw the deduction or to refuse to draw the deduction with respect to an inference in a criminal case.

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