Homework1_Jamie_Boyer

Homework1_Jamie_Boyer - 1. In one or two paragraphs,...

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1. In one or two paragraphs, distinguish between “Burden of Proof” and “Burden of Persuasion.” The onus on the party with the BURDEN OF PROOF to convince the trier of fact of all elements of his or her case. In a criminal case the burden of the government to produce evidence of all the necessary elements of the crime BEYOND A REASONABLE DOUBT . The burden of persuasion is the affirmative duty of a party to establish his or her right to judicial relief by convincing the trier of fact, the judge or the jury, that the facts asserted are true and support the allegations. Whereas the BURDEN OF GOING FORWARD shifts from the prosecution to the defense in a criminal case, or from the plaintiff to the defendant in a civil case, as evidence is presented and disproved, the burden of persuasion remains with the plaintiff or the prosecution until the case is concluded. The phrase burden of persuasion is often used interchangeably with the phrase burden of proof. The burden of proof varies depending on whether the proceeding is criminal or civil. In a criminal case, the burden of proof required of the state or government will be satisfied by evidence that demonstrates "beyond a reasonable doubt" that the defendant has committed the crime. Proof beyond a reasonable doubt does not
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This note was uploaded on 04/23/2011 for the course CJ 313 taught by Professor Smith during the Spring '11 term at Park.

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Homework1_Jamie_Boyer - 1. In one or two paragraphs,...

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