When jury instructions include presumed facts, what must the judge inform the jury?

The correct answer reflects the principle that presumed facts offered in jury instructions are generally treated as permissive rather than mandatory. This means the jury is allowed to accept these presumed facts but has the discretion to reject them if they find other evidence or reasoning more persuasive.

When judges provide instructions that include presumed facts, it is crucial that jurors understand that they are not compelled to accept these facts unconditionally. Instead, they can evaluate the context of the case, the evidence presented, and their own judgments when deciding whether to accept the presumed facts. This flexible approach allows jurors to exercise their judgment in light of all the evidence and not simply adhere to the judge's instructions without question.

In summary, jury instructions involving presumed facts grant jurors the option to accept them but do not obligate them to do so, making the correct choice that they may accept them but are not required to. This understanding encourages a thorough deliberation process whereby jurors engage with the evidence rather than relying solely on the presumed positions set forth in the instructions.