TRIAL BURDEN OF PROOF AND EVIDENCE Court Systems

TRIAL: BURDEN OF PROOF AND EVIDENCE Court Systems and Practices

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BURDEN OF PROOF Necessity to prove the facts that are in dispute during a trial Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

BURDEN OF PROOF Two Aspects: Determine which party must prove the allegations made Determine how much proof is needed Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

BURDEN OF PROOF Civil Cases: Complainant (Plaintiff) has the burden of proof Must prove to the judge or jury by a preponderance of the evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5

BURDEN OF PROOF Civil Cases: Preponderance of the evidence means The plaintiff’s evidence is slightly more convincing than the defendant’s evidence More likely than not 0% 50%| | 100% Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

BURDEN OF PROOF Criminal Cases: The complainant (prosecutor) has the burden of proof Must prove to the judge or jury beyond a reasonable doubt Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

BURDEN OF PROOF Criminal Cases: Beyond a reasonable doubt means The prosecutor must convince the judge or jury that the defendant committed the crime 95%+ sure of the defendant’s guilt 0% 50%| | 100% Preponderance Beyond Reasonable Doubt Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 8

BURDEN OF PROOF Criminal Cases: The defendant has the burden of proof when claiming criminal defense ◦ ◦ ◦ Insanity Self-Defense Duress Entrapment Necessity Accident Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

EVIDENCE Circumstantial Evidence: The most common form of evidence Indirect evidence The jury and judge must draw conclusions based on inferences Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

EVIDENCE Direct Evidence: Directly proves a fact! Copyright © Texas Education Agency 2011. All

EVIDENCE Types of Evidence: Real Demonstrative Documentary Testimony Copyright © Texas Education Agency 2011.

EVIDENCE Evidence must be relevant to the case at hand. Evidence must fall within the Rules of Evidence: ◦ Assists in ascertaining the truth ◦ Encourages fairness ◦ Avoids judicial delay Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

EVIDENCE Can include ◦ Stipulations ◦ Judicial Notice Copyright © Texas Education Agency 2011.

EVIDENCE COMING INTO TRIAL Suppressed Evidence: ◦ Evidence kept out of trial due to a legality Ex: evidence obtained through an illegal search and seizure Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15

EVIDENCE COMING INTO TRIAL Offered into evidence: ◦ Evidence presented by a party in a court case ◦ To be admitted, it must fall under the proper rule of evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 16

EVIDENCE COMING INTO TRIAL Admitted into evidence: ◦ “Comes in” ◦ Made a part of the case record ◦ Can be considered by the judge or jury in rendering a decision ◦ If challenged by an opposing party, it could be “kept out” Challenged through objections, such as Relevance Hearsay Lack of personal knowledge No proper predicate Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 17

RESOURCES 0131189794, Criminal Courts: Structure, Process, & Issues (2 nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe, Prentice Hall, 2007 0495599336 Criminal Procedure: Law and Practice (8 th Edition), Rolando V. del Carmen, Wadsworth Publishing, 2009 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 18