Definition of Evidence Essay

678 Words Nov 22nd, 2012 3 Pages
Nuts-and-Bolts of Evidence Week #2.
Jacob Atkinson
CJAD405

3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement, “the burden of proof of guilt in a criminal case is on the prosecution throughout the trial”?

Prosecutor- The prosecutor must determine what evidence needs to be introduced, but also how that evidence is produced and consider the appropriate time in which to display evidence throughout the trial.

Judge- A general rule states that trial judges have the inherent power to admit or exclude evidence at trial. A judge is there to oversee the entire case and ensure that nothing gets out of control. Judges have the
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In other words, the government has the responsibility of presenting evidence first that will allow the case to continue to be heard.

Burden of Persuasion can be defined as the burden of persuading the factfinder of the truth of the evidence produced by one side or the other. This means that the attorney will be able to refer to evidence that is clear while he makes closing arguments to the jury.
(Ingram, 47-48)

8. What is the difference between a presumption and an inference?

A presumption can be defined as the conclusion or inference drawn from the proven existence of some basic fact or group of facts.

An inference is defined as the rational conclusion of the existence of a different fact deduced from facts originally proved.

(Ingram, 22-23)

9. What is a stipulation? Distinguish between a stipulation of testimony and a stipulation of fact.

Stipulation can be defined as an agreement; a bargain, proviso, or condition; e.g. an agreement between opposing litigants that certain facts are true and are not in dispute

Stipulation of testimony varies from stipulations of fact because one can withdraw their testimony with the court permission, this is not the case with stipulation of fact. (Ingram, 186-188)

10. Every person is presumed to be sane. Is this presumption rebuttable or
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