Nuts-and-Bolts of Evidence Week #2.
3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement, “the burden of proof of guilt in a criminal case is on the prosecution throughout the trial”?
The prosecutor must determine what evidence needs to be introduced, but also how that evidence is produced and consider the appropriate time in which to display evidence throughout the trial.
A general rule states that trial judges have the inherent power to admit or exclude evidence at trial. A judge is there to oversee the entire case and ensure that nothing gets out of control. Judges have the responsibilities to make decisions concerning the constitutionality of law enforce activities, to protect witnesses from overzealous examination and cross examination by counsel, they are also to take judicial notice, ruling on issues of law, acting as a fact finder in some cases, and lastly to determine competency of the witness and evidence admitted being brought to testify.
Jury members have an obligation to resolve the conflicts that exist in the evidence and determine the truth based on the facts that both parties have presented in the courtroom. Juries are responsible for determining if the amount of evidence presented is sufficient to find someone guilty or not of the accused crime.
The statement the burden of proof of guilt is on the prosecution throughout the trial means simply this. The prosecution must prove that the accused is guilty. They must have sufficient evidence and witnesses in order to find the accused guilty. This is one of the best aspect of our countries legal system.
4. Define burden of proof, burden of going forward, and burden of persuasion.
Burden of Proof can be defined as the duty of proving facts disputed on the trial of a case by the proper weight of evidence. In...
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