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If the prosecution must prove guilt what must the defense prove?
Wiki User
∙ 15y ago
The defense do not have to prove anything, if the prosecution fail to prove guilt, then the defendant is not guilty (in an ideal world). It may be the case thaat a jury may find guilt when a charge has not really been adequately proved to be true, but in this case the judge must direct them to find "not guilty" through lack of evidence.
Wiki User
∙ 15y ago
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If you didn't do it how do you prove it?
(in the US) That is the beauty of the US Legal System. You do NOT have to prove that you are not guilty, the prosecution must prove that you ARE guilty.
Why lawyers for the defense always speak lasts?
The Prosecution has the burden of proof. Which means that they must prove the Defendant's guilt beyond a reasonable doubt. Since they have the burden at trial, they get to make their opening statement first, call their witnesses first and have the last word in closing arguments. They also sit closest to the jurors in the courtroom.
Who has the burden of proof in an insanity defense?
In an insanity defense, the defense must prove that the defendant is insane.
What must the prosecution prove in order to get a guilty verdict?
There is no finding of GUILTY or NOT GUILTY in a civil trial. The verdict is announced as either "FOR THE PLAINTIFF" or "FOR THE DEFENSE." The burden of proof in a civil trial is "THE WEIGHT OF THE EVIDENCE" as opposed to the criminal court standard of "GUILT BEYOND A REASONABLE DOUBT." They may sound similar but they are NOT the same.
What are the duties of a criminal lawyer towards the client?
To do everything within the letter of the law to get his client acquitted. In order for the legal system to work properly, the defense must be such that the prosecution has to prove every point to get a conviction.
A defendant in a criminal case is presumed innocent and to obtain a conviction the prosecution must establish the defendant's guilt beyond a reasonable doubt?
True
Is it true a defendant in a criminal case is presumed innocent and to obtain a conviction the prosecution must establish the defendant guilt beyond a reasonable doubt?
That is a true statement.
What is the importance of exculpatory evidence?
If the prosecutors have exculpatory evidence they must turn it over to the defense. Exculpatory evidence is evidence that shows that the defendant is not guilty or would help in his defense, A motion for exculpatory evidence is a defense motion asking the judge to order the prosecutors to turn such evidence over to the defense.
In the trial of a homicide offense the prosecution must prove a causal relationship between the defendant's wrongful act and the victim's death?
True
Does the defense have more flexibility in jury selection than the prosecution?
No, both sides must adhere to the same rules of Voire Dire.
Who has the burden of proof?
"Beyond a reasonable doubt" in a criminal case, "A preponderance of the evidence" in a civil case. The advocate of a case always has the burden of proof - the prosecutor in a criminal case, the plaintiff in a civil case.
Who has the burden of persuasion in criminal cases?
The Burden of Persuasion lies with the Defense. Burden of Proof lies with the Prosecution. Prosecutors have the "burden of proof" and must convince a jury that, beyond all reasonable doubt, a person committed a crime or intended on committing a crime. (Conspiracy to commit murder, robbery, arson, etc. etc.) The Defense attorneys must do the exact opposite, proving that their client is innocent and could not have ever committed any heinous acts, or any crimes.
