Burden of Proof
· Burden of proof and corpus delicti-
Prosecution carries the burden to proved the corpus delicti. Proof sufficient on its face to establish a face unless contradicted by other evidence. Burglary the prosecution must prove all elements.
· Burden of proof area that lies with the defense
exclusionary rule- defense carries the burden- search and seizure situations the defense carries the burden.
· Level of proof in a criminal case
beyond a reasonable doubt
· A person using deadly force inside a residence
self defense- a person is allowed to use force or commit a justifiable homicide in order to protect oneself or another from threatened criminal activity.
· Burden of proof for involuntary intoxication
No defense to this crime- a general intent crime, voluntary intoxication is not admissible.
· What does preponderance mean
· Jurisdiction normally applies to; the authority of a court to hear a case and render a judgement. (circumstances include; crossing counties, or court jurisdictions.
Prosecution carries the burden to proved the corpus delicti. Proof sufficient on its face to establish a face unless contradicted by other evidence. Burglary the prosecution must prove all elements.
· Burden of proof area that lies with the defense
exclusionary rule- defense carries the burden- search and seizure situations the defense carries the burden.
· Level of proof in a criminal case
beyond a reasonable doubt
· A person using deadly force inside a residence
self defense- a person is allowed to use force or commit a justifiable homicide in order to protect oneself or another from threatened criminal activity.
· Burden of proof for involuntary intoxication
No defense to this crime- a general intent crime, voluntary intoxication is not admissible.
· What does preponderance mean
· Jurisdiction normally applies to; the authority of a court to hear a case and render a judgement. (circumstances include; crossing counties, or court jurisdictions.
| aj3ch8burdenofproof.ppt |
