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When prosecution fails to meet its burden of proof then the defense counsel could ask for?
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.
What else can I help you with?
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.
Does a defense attorney have to disclose evidence to the prosecution?
Yes, a defense attorney is generally required to disclose evidence to the prosecution if it is relevant to the case and could potentially impact the outcome of the trial. This is known as the duty of disclosure and is a key aspect of ensuring a fair trial for all parties involved.
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.
Donkey could become a what of burden?
beast of burden
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
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 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.
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.
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.
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.
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.
