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What is the burden of proof needed for in an arrest?

It is not known as "The Burden of Proof" it is known as "PROBABLE CAUSE." Probable cause is a standard used in justifying certain police actions. For example, police need to have probable cause to believe that evidence of a crime exists. It is more than mere suspicion but less than the amount of evidence required for conviction. (e.g.- A police officer may have probable cause to believe that there is the possibility of criminal activity when someone is encountered trespassing on private property late at night wearing a stocking mask, in order to justify stopping and searching the person for possession of criminal tools.) See:http://definitions.uslegal.com/p/probable-cause/


Who has the burden of proof with an affirmative defense?

In any civil law matter, the burden of proof is always based on the preponderence of the evidence, not beyond a reasonable double like criminal law, and it rests on that of the Plaintiff, not the state as in criminal law.


Is character assassination legal?

The Defendant's character in and of itself is not on trial during a criminal proceeding. Whether or not the defendant is kind of a jerk or known for being dishonest is not evidence that he committed the crime at question, and is generally inadmissible. However, the defendant may open the door for the prosecution to introduce evidence of his bad character. For example, if the defendant is charged with embezzling funds, and the defendant introduces character evidence to show that he is a generally honest person, the prosecution may then rebut that evidence by introducing evidence that the defendant is a liar.


Can you sue your landlord for opening your check and cashing it?

If you can prove by the preponderance of the evidence that the landlord was the person who in fact opened your mail and stole your check you may freely sue them. You may also be entitled to pursue criminal charges for Mail tampering, check theft, check fraud, theft, etc.


What is a map hearing?

A "Mapp" hearing is a pre-trial hearing on whether or not to suppress a piece of evidence that is going to be introduced at trial. The evidence could be tangible evidence, such as an illegal substance, or intangible evidence, such as a confession.

Related questions

What is a person who secretly watching a building place or person for evidence of criminal activity?

Use a webcam to record comings and goings.


How are complaints on criminal activity by the homeowners association in Illinois filed?

Criminal activity is generally reported to the local police. Take your evidence there and you will be instructed as to how to proceed with your claim.


What is the body of citizens appointed to hear evidence regarding possible criminal activity and that decides whether the evidence is sufficient to bring criminal charges?

The body you described is called a Grand Jury.


What is civil testimonial evidence?

Testimonial Evidence is, a recounting of events/criminal activity witnessed by someone at or near the scene of the crime. Police Reorts can be used as 'Testimonial Evidence'.


What has the author Robert Lindsay Sandes written?

Robert Lindsay Sandes has written: 'Criminal practice, procedure and evidence in Eire' -- subject(s): Criminal Evidence, Criminal procedure 'Criminal practice, procedure and evidence in the Irish Free State' -- subject(s): Criminal Evidence, Criminal procedure


What is an unsub in criminal justice?

In criminal justice, and unsub is an unknown subject. This person is believed to be the source of criminal activity, and evidence ties a crime or multiple crimes to this one person. The term is often used on the show Criminal Minds to refer to a serial killer who the FBI is learning about but has not yet identified.


What has the author Julian R Hanley written?

Julian R. Hanley has written: 'Introduction to criminal evidence and court procedure' -- subject(s): Criminal procedure, Criminal Evidence 'Criminal justice processes and procedures' -- subject(s): Administration of Criminal justice, Criminal justice, Administration of, Criminal law, Criminal procedure 'Selected cases for legal aspects of criminal evidence'


What has the author Julie Vennard written?

Julie Vennard has written: 'Contested trials in magistrates' courts' -- subject(s): Administration of Criminal justice, Criminal Evidence, Criminal courts, Criminal justice, Administration of, Evidence, Criminal, Justices of the peace, Prosecution


What has the author Weijun Liu written?

Weijun Liu has written: 'Zhen cha zhong de bo yi' -- subject(s): Criminal Evidence, Criminal investigation 'Xing shi zheng ju diao cha xing wei yan jiu' -- subject(s): Criminal Evidence, Criminal investigation, Evidence, Criminal


What has the author Arnold Markle written?

Arnold Markle has written: 'Instructors' manual for Criminal investigation and presentation of evidence' -- subject(s): Confession (Law), Criminal Evidence, Criminal investigation


How does Evidence Response Team ERT support criminal investigations?

Evidence Collection


What has the author Burr W Jones written?

Burr W. Jones has written: 'Jones on evidence, civil and criminal' -- subject(s): Criminal Evidence, Evidence (Law) 'The law of evidence in civil cases' -- subject(s): Evidence (Law), Civil procedure 'The law of evidence'