What must the prosecuting attorney do regarding an exception?

• A. Negate the existence of an exception
• B. Prove the exception beyond a reasonable doubt
• C. Ignore the exception
• D. Accept the exception as valid

Answer: (A)

When a rule has recognized exceptions, those exceptions are there to allow a deviation from the normal rule. The prosecuting attorney’s task in this situation is to challenge any claimed exception and show that it does not apply to the case. In other words, they must negate the existence of a valid exception so the standard rule remains in effect. This keeps the burden aligned with the rule: unless there’s a legitimate, applicable exception proven by the state, the rule stands.

For example, if someone argues that a piece of evidence falls under a statutory exception, the prosecutor would argue that no such exception exists or that the facts don’t meet its criteria, thereby preventing the exception from applying. If there were a true, applicable exception, the evidence could be admitted under that exception; but the prosecutor must first show that no valid exception exists or that it doesn’t fit the facts.