The indictment is simply the description of
the charge made by the government against the defen-
dant; it is not evidence of guilt or anything else. The
defendant pleaded not guilty and is presumed innocent.
He may not be found guilty by you unless all twelve of
you unanimously find that the government has proved
his guilt beyond a reasonable doubt.
Research the meaning of Burden of Proof for the
1) defendant
2)prosecution.
Research the meaning of Reasonable Doubt
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Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her. But in some jurisdiction, the defendant has the burden of establishing the existence of certain facts that give rise to a defense, such as the insanity plea. In civil cases, the plaintiff is normally charged with the burden of proof, but the defendant can be required to establish certain defenses.
ReplyDeleteby kayla creed
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ReplyDeleteThe U.S. and Illinois constitutions guarantee that every person charged with criminal or civil wrongdoing, with few exceptions, has the right to a trial by a jury of one's peers. The jury plays a pivotal role in a case: its members are charged with making a fair and impartial decision based on the facts presented during the trial. This information is intended as a guide to the citizens of Illinois who may be called to jury service. Being a juror presents citizens with the opportunity to take an active role in their government as well as help them experience firsthand how our court system works. It is an important responsibility and an extremely satisfying one for most people.
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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence. Sometimes judges will explain what basic facts are in dispute, and what facts do not matter to the case.CHELSY
ReplyDeleteBurden of proof- To establish a claim or allegation by admissible evidence (what the court will allow or is permissible by law) is known as the “burden of proof.” In simplest terms the burden of proof is required evidence to establish a basis for filing legal action with a court.
ReplyDeleteReasonable Doubt-A standard of proof that must be surpassed to convict an accused in a criminal proceeding.
catt
ReplyDeleteBrittany L
ReplyDeleteBurden of proof-The burden of proof is the duty of one party in a legal case to convince the decision-maker (judge and/or jury) that their version of the facts is true. The burden of proof is carried by the plaintiff in civil trials and the prosecution in criminal trials. The burden of proof is much greater in criminal trials than it is in civil trials, largely because there is much more at stake- like the defendant’s liberties- in a criminal trial.
Reasonable doubt-is the standard of proof required in most criminal cases within an adversarial system. Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard. This means that the proposition being presented by the prosecution must be proven to the extent that there is no "reasonable doubt" in the mind of a reasonable person that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a "reasonable person's" belief regarding whether or not the defendant is guilty.
Ivorie H.♥
ReplyDeleteThe burden of proof is the duty of one party in a legal case to convince the decision-maker (judge and/or jury) that their version of the facts is true. The burden of proof is carried by the plaintiff in civil trials and the prosecution in criminal trials. The burden of proof is much greater in criminal trials than it is in civil trials, largely because there is much more at stake- like the defendant’s liberties- in a criminal trial.
Reasonable Doubt-uncertainty as to a criminal defendant's guilt; the level of certainty a juror must have to find a defendant guilty of a crime.
Ciara
ReplyDeleteBurden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden
1. Defendant- In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.
The person against whom a lawsuit is filed is usually called the defendant. In some states, or in certain types of actions, the defendant is called the respondent. The term respondent is also used to designate the person responding to an appeal.
At common law a defendant cannot have judgment to recover a sum of money of the plaintiff, but this rule is, in some cases, altered by statute.
2. Prosecution- 1. the act of prosecuting or the state of being prosecuted
2. (Law)
a. the institution and conduct of legal proceedings against a person
b. the proceedings brought in the name of the Crown to put an accused on trial
3. (Law) the lawyers acting for the Crown to put the case against a person Compare defence [6]
4. the following up or carrying on of something begun, esp with a view to its accomplishment or completion
ashley
ReplyDeletepresumption of innocence beyond a reasonable doubt