Who carries the burden of proof at a criminal trial?
Find answers to your legal question.
Who carries the burden of proof at a criminal trial?
|
You are charged of second-degree murder.
You claim it was self-defense.
Criminal trial for second-degree murder starts.
There was not witness during the killing.
Which party carries the burden of proof? Does the defendant have to prove that it was self-defense or does the prosecutor have to prove that it was no self-defense?
Is it more likely that the jury has to acquit because with no witnesses there is room for doubt and the benefit of doubt always goes to the defendant?
|
 
|
Citicop
 |
The prosecution has the responsibility of proving the elements of the crime beyond a reasonable doubt.
However, "self defense" is an 'affirmative defense' which means that the defense has to convince the jury that that's what happened. |
|
I Might Be Showing Her My O Face
 |
Uhhhhh, that would be the prosecution, sport. |
|
Sparky
 |
With the standard supposed to be that people are presumed to be innocent until proven guilty, the prosecution bears the burden of proof.
Your scenario, however, includes an element of admission. I'd be prepared to prove the self-defense element with some good evidence. |
|
davidmi711
|
They need to prove you killed the other person. You need to prove it was in self defense. |
|
|
|
|
|
 Can I find out exact charges on inmate in Los Angeles? |
| My grandchildrens father is incarcerrated in Los Angeles. Is there a way to find out what he is being charged with?... |
|
 Traffic ticket violation? |
| how much does a ticket cost for having a cracked windshield and will their be a warrant for my arrest if i do not pay it by its due date?... |
|
 Are whips an effective home protection item? |
If you are very proficient with one of course and it's made out of leather.
Additional Details
And how many times can you whip a person before it becomes excessive whipping? Le'... |
|
| I have a nieghbour who has reported me for noise but I haven't even been in? |
| He accuses me of leaving my shower on all day to affect his water supply. He keeps calling me a liar and giving me abuse. He has reported me too enviromental health who are sending me out a diary. W... |
|
 Are home video surveillance monitors worth having? |
I have one elderly mother and a mentally retarded brother who lives with me.
I kind of worry about them when I work during the day, although I live in a safe rural community and have great ... |
|
 Can a Policemen give you a speeding fine if your on private property? |
| assuming a policemen caught you speeding just as you were approaching a pub or servo or your driveway, if you were to pull in and quickly get out of the car, can you then be issued with a speeding ... |
|
 When to call 911 or the local police? |
I wasn't sure when exactly you call 911 or just call your local police???
For instance....where i work, everyone that walks in through the door needs to sign a waiver...state law......... |
|
 Why hasn't Messer apologized for killing Oscar Grant? |
Even if it were an accident (WHICH IT IS NOT). The family could have emailed the press.
Additional Details
an appology needs a lawyer. hmm well I'll be darn. how crude you are.... |
|
 I'm buying a female friend of mine a "Defense Keychain"? Which should I get? |
| There was a robbery on campus earlier this week, and my female friend is getting freaked out because she occasionally walks alone across campus. So I'm going to buy her one of those keychains ... |
|
 Has anyone else noticed an increase in law enforcement presence in the larger cities lately? |
When we were in Atlanta we noticed there were policemen all over the place. Has anyone else noticed this in their city or town? Are we gearing up for martial law?
Additional Details
O... |
|
 When pot is legalized within the next few years, what happens to everyone in prison on possession charges? |
Additional Details
It's just a matter of time before sanity returns and prohibition goes away.
If something is no longer illegal, would people imprisoned for it be released or ... |
|
 What weapons do Victorian police have? |
like what do they carry, like batons and pepper spray and all that
Additional Details
oh, in ... |
|
 I was robbed... kicked down door? |
ok So I came home and Found my house desroyed and our door kicked in.
My qwestion is, How heavy/strong do you need to be to be able to kick open a dubble latched solid oak door???....
<... |
|
 I received a speeding ticket that I want to contest, however there is no record for the date on my ticket? |
Does this mean, the officer never filed the ticket, or do I still need to appear? I received the ticket Feb. 9, 2009.
Additional Details
i have called the courthouse and also went on ... |
|
 As a Cadet of the California Highway Patrol...Do I have to pay the Uniforms? before & after Graduation? |
| In the Booklet says something about Uniform Allowance... if i am not wrong is about $ 920 dollars. What does this actually means? We kinda "borrow" that money & We have to pay whatever ... |
|
 Is my stuff in Police Inventory or at the impound lot? |
| i left a backpack with some stuff in it in a friends car. he got pulled over, they found it and there was a chillum (pipe) in it and the cops found it. i wasn't in the vehicle, i just heard that ... |
|
 Can u stiil get aressted for admitting to aiding in a burglery that happened 7 yrs ago? (Texas)? |
| recently applied at our local police department and upon filling out a personal history statement they asked to please write down any crminal activity that we have ever done or commited but was not ... |
|
 Is there a point to applying for both the local Sheriff's department and local police department? |
| I have my eye on a specifi part of the country where I want to live, and I want to work in law enforcement. So, I'd like to know, would applying to both the Sheriff's department and police ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
