Burden Of Proof Essay

Like any other criminal case, the burden of proof lies with the prosecution. They are required to prove "beyond a reasonable doubt" that the defendant committed the crime. Mickey McGlothlin presented an organized and persuasive opening statement that gave the jury the impression that Roger Coleman was guilty based on the significant amount of evidence against him.

The level of proof required in a criminal trial is: “proof beyond a reasonable doubt (Fifth and Fourteenth Amendments’ Due Process Clauses).” (Garland 17) Meaning that if the judge has no doubt on the defendant's guilt based on the evidence provided he will be sentenced as guilty. On the other hand, in a civil trial, all that is needed is proof by a “preponderance of the evidence,” which means that one side of the case has more proof than the other resulting in a small margin of difference between the case verdict.

During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc…

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Still sometimes, prosecutors might be persuaded that they have the correct respondent and a totally precise charge with respect to what crime(s) he or she carried out, but secure a conviction might be flawed. This obviously is valuable for the two sides to mastermind a determination of the issue without either side taking the risk that the body of evidence may conflict with them if it somehow managed to go to trial.

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Because the defense has no burden of proof, they have the easier side of the case. The prosecution has to prove the defendant guilty beyond reasonable doubt. The jury can have no thoughts that the defendant could be innocent in any way. On the other hand, the defense side is supposed to find pieces of evidence that could show that the defendant wasn't doing anything illegal. The defense tries to point out

In the United States criminal justice system, people are considered innocent until proven guilty. It is the job of the prosecution to “overcome the defendant’s presumption of innocence.” (Storm, 2012, p. 75) This is also referred to as the burden of proof (or proof beyond a reasonable doubt) in a criminal prosecution. Specifically, it means “the obligation to prove a disputed charge, allegation, or defense.” (Storm, 2012, p. 74) Two components of the burden of proof are the burden of production (presenting evidence to the judge or jury) and the burden of persuasion (convincing the judge or jury). (Storm, 2012, p. 75) Proof beyond reasonable doubt “is determined by examining the quality and quantity of the evidence presented.”

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Likewise, the Sec. 4.19 of the Illinois Criminal Jury Instructions defines the standard thus: “The phrase ‘clear and convincing evidence’ means that degree of proof which, considering all the evidence in the case, produces the firm and abiding belief that it is highly probable that the proposition on which the defendant has the burden of proof is true.” (Emphasis supplied). Hawaii uses essentially the same language under its Instruction No. 3.6 of its Standard Civil Jury Instructions: “To ‘prove by clear and convincing evidence’ means to prove by evidence which, in your opinion, produces a firm belief about the truth of the allegations which the parties have presented. It means to prove that the existence of a fact is highly probable.” (Emphasis

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Specifically, in a criminal trial, it is the role of the jury to determine a “guilty” or a “not guilty” verdict which is set in place by the standard “beyond a reasonable doubt” meaning that even with the slightest indication of doubt, the defendant must be found not guilty. This standard places the burden of proof with the prosecution to ensure the judge or

The two forms are preponderance of the evidence and proof beyond a reasonable doubt. Preponderance is mostly used in civil court, whereas proof beyond a reasonable doubt is used in criminal court. In civil court, the plaintiff must provide factual evidence regarding why he or she is suing the defendant. In a criminal case, a higher standard of evidence is required, which is the proof beyond a reasonable doubt. In most criminal cases the prosecutor must attempt to persuade that the defendant, is, in fact, guilty of the charges brought against them. In criminal cases, the evidence must be circumstantial and adequate enough to decide whether the person is guilty. Which is where the term proof beyond a reasonable doubt derives from. It's another way of saying are you certain, is the proof enough for you to say okay, I have no doubt in my mind that this person is

May and Powles view evidence as ‘something’ which tends to prove or disprove something else. In the context of a trial this consists of information placed before the court for the purpose of proving or disproving facts in issue. Beecher-Monas states that in a system based on the rule of law and which aspires to ‘truth’, the accuracy and reliability of such information is essential. The mechanisms available to the court to determine the latter, centre on the presentation of evidence under oath, cross-examination and the observation of witness demeanour .

Evidence is defined as any matter of fact, the effect, tendency, or design of which is to produce in the mind a persuasion, affirmative or disaffirmative, of the existence of some other matter of fact that a crime has been committed.(Paul B. Watson, 1986) In a legal sense, evidence is the information presented in court during a trial which enables the judge and jury to decide a particular case (Garland & Stuckey, 2000). There are two main types of evidence, which are testimony and physical items which can be presented to the judge and jury during a criminal trial. Physical evidence is any evidence found at the perpetrator’s