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Federal Evidence • Judicial Notice
EVID#121
Legal Definition
In California, case law prohibits judges in criminal cases from giving a conclusive effect to a judicially noticed fact that the prosecution must prove.
Plain English Explanation
In California criminal trials, while judges can still take judicial notice of undisputed background facts to streamline cases, the jury does not have to treat these facts as conclusively proven. This protects the defendant's rights by requiring the prosecution to formally prove all facts essential to guilt. This is also how things are treated in Federal court.
