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When prosecution fails to meet its burden of proof then the defense counsel could ask for?
Wiki User
∙ 14y ago
It is customary at the conclusion of the prosecution's case in a criminal trial for the defense to ask for a required finding of not guilty, arguing that the prosecution failed to introduce sufficient evidence from which the jury could find the defendant guilty. The judge typically assesses the evidence "in the light most favorable to the prosecution." Unless the prosecution has failed to introduce evidence on one or more elements of the crime, the Judge will deny the motion and allow the jury to decide the case. See the related link for more information on criminal procedure.
Wiki User
∙ 6y ago
Wiki User
∙ 14y agoInitially the defense would probably ask the judge for a dismissal of the charge. If the judge rejected that motion the defense would then ask for a finding of not guilty. ADDED: The defense counsel could also ask for a "directed verdict" if they fail to meet its burden of proof.
Wiki User
∙ 14y agoThe defense can ask for a directed verdict.
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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.
What was Joan of Arc tried for when she was captured?
Joan was denied legal counsel as well as witnesses who could speak in her defense.
Is a defense to a criminal prosecution on the grounds that the defendant was forced to commit the criminal act?
that is called coercion, or if the facts allow, you could also say the crime was committed under duress
Donkey could become a what of burden?
beast of burden
May a defendant represented by counsel waive indictment in a capital case?
Probably could, but the defense attorney would be foolish to do so since waiving indictment would be tantamount to pleading you guilty of the offense.
What are lack of proof defenses?
Lack of Proof Defenses are: 1. Not enough Burden of Proof (beyond a reasonable doubt to convict someone) 2. Some affirmative defense used by the defense a. an affirmative defense is: new facts by the defense must be prove and they can also use other alibis to help them with their case (witness could say that they were intoxicated, insanity and other statutory defenses)
What happens after an fwop notice is filed in court?
After an FWOP (Failure to Work or Pay) notice is filed in court, the court may issue a summons requiring the individual to appear in court. If the individual fails to appear or address the matter, the court may issue a warrant for their arrest or take other legal actions to enforce compliance with the original order.
How could you use the words defeat and defense in the same sentence?
Sensing that his argument was on the verge of imminent defeat, he seemed to decide that his only defense was a vicious offense, and he began to insult his opponent personally.The defense had been putting up a good case for reasonable doubt, but they had to admit defeat when the prosecution discovered new DNA evidence that conclusively proved the defendant's guilt.
What is the putting of a person on trial for an offense for which he or she has previously been put on trial under a valid charge?
It could be called Double Jeapordy, but since there is a Constitutional guarantee against that kind of prosecution, you are probably mis-understanding what is happening and you need the services and assistance of legal counsel.
Can an opposing attorney be a witness?
Yes, they can. Typically a defense attorney will subpoena the witness, but the attorney may request that the court order the witness to remain in the court after testifying for the state. This assumes there is evidence the witness has to offer that cannot be brought out on cross examination of them for some reason. The better practice is to issue a subpoena.
Why did Jodi Arias trial take so long to begin?
Both the prosecution and defense need to prepare for trial. Depending on the case, that could take several years. This was the case with Arias. She delayed several times, possibly to avoid the inevitable.
What will happen if you do a felony for the first time and your 16?
It depends in which country you reside and what you did.
