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why does criminal liability must be proven from the prosecution?

Updated: 1/24/2023
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Q: Why does criminal liability must be proven from the prosecution?
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What two conditions are placed on criminal trials?

Two conditions placed on criminal trials are that the accused must be presumed innocent until proven guilty, and that the burden of proof lies on the prosecution to establish the guilt of the accused beyond a reasonable doubt.


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.


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?

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Can there be a civil attachment to a criminal conviction?

No. Civil issues cannot be decided as part of a criminal prosecution. Restitution is a criminal sentence, not a civil award. If the victim would like to seek civil damages, he or she must file a civil suit.


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They must determine that the state has proven it's case beyond a reasonable doubt.


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...committed the crime - beyond all reasonable doubt.


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Private individuals do not make or "press" criminal charges. The prosecuting attorneys must file the criminal charge. You can start the process by reporting the crime to the police and by agreeing to cooperate with the prosecution.


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That is a true statement.


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When the IRS detects the false return, the taxpayer must pay the additional taxes and interest and may be subject to penalties and criminal prosecution.


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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.