Next Generation Bar Exam Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS OF ACCUSED PERSONS
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The defendant was charged with burglary of a convenience store. He filed the alibi notice required by state law and listed two witnesses, but neither witness appeared at trial and the defendant did not testify. Over the defendant's objection, the judge instructed the jury: "The defendant has raised an alibi defense. Because he offered no evidence in support of it, he has not proved the defense, and you may consider that failure in determining whether the state has proved that the defendant committed the burglary." The jury convicted.
Which statement best describes the constitutional problem, if any, with the instruction?
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