Impeachment by Evidence of a Criminal Conviction Rule
The burden of proof must be fulfilled by both establishing confirming evidence and negating oppositional evidence. Conclusions drawn from evidence may be subject to criticism based on a perceived failure to fulfill the burden of proof.
Two principal considerations are: On whom does the burden of proof rest? To what degree of certitude must the assertion be supported?
The latter question depends on the nature of the point under contention and determines the quantity and quality of evidence required to meet the burden of proof. In a criminal trial in the United States, for example, the prosecution carries the burden of proof since the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Similarly, in most civil proceduresthe plaintiff carries the burden of proof and must convince a judge or jury that the preponderance of the evidence is on their side.
Other legal standards of proof include "reasonable suspicion", "probable cause" as for arrest" prima facie evidence", "credible evidence", "substantial evidence", and "clear and convincing evidence".
In a philosophical debatethere is an implicit burden of proof on the party asserting a claim, since the default position is generally one of neutrality or unbelief. Each party in a debate will therefore carry the burden of proof for any assertion they make in the argument, although some assertions may be granted by the other party without further evidence.
If the debate is set up as a resolution to be supported by one side and refuted by another, the overall burden of proof is on the side supporting the resolution.
Evidence in science[ edit ] Main article: Scientific evidence In scientific research evidence is accumulated through observations of phenomena that occur in the natural world, or which are created as experiments in a laboratory or other controlled conditions. Scientific evidence usually goes towards supporting or rejecting a hypothesis.
The burden of proof is on the person making a contentious claim. Within science, this translates to the burden resting on presenters of a paper, in which the presenters argue for their specific findings. This paper is placed before a panel of judges where the presenter must defend the thesis against all challenges.
The rules for evidence used by science are collected systematically in an attempt to avoid the bias inherent to anecdotal evidence. Evidence in law[ edit ] Main article: Evidence law Evidence forms the very foundation of a legal system,[ citation needed ] without which law would be subject to the whims of those with power.
In law, the production and presentation of evidence depends first on establishing on whom the burden of proof lies. Admissible evidence is that which a court receives and considers for the purposes of deciding a particular case. Two primary burden-of-proof considerations exist in law.
The first is on whom the burden rests. In many, especially Western, courts, the burden of proof is placed on the prosecution in criminal cases and the plaintiff in civil cases.
The second consideration is the degree of certitude proof must reach, depending on both the quantity and quality of evidence. These degrees are different for criminal and civil cases, the former requiring evidence beyond a reasonable doubtthe latter considering only which side has the preponderance of evidenceor whether the proposition is more likely true or false.
The decision maker, often a jury, but sometimes a judge, decides whether the burden of proof has been fulfilled. After deciding who will carry the burden of proof, evidence is first gathered and then presented before the court: Gathering evidence[ edit ] In criminal investigation, rather than attempting to prove an abstract or hypothetical point, the evidence gatherers attempt to determine who is responsible for a criminal act.
The focus of criminal evidence is to connect physical evidence and reports of witnesses to a specific person. Evidence before the court[ edit ] The path that physical evidence takes from the scene of a crime or the arrest of a suspect to the courtroom is called the chain of custody.
In a criminal case, this path must be clearly documented or attested to by those who handled the evidence.The "special needs" exception that has been used to uphold certain suspicionless searches and seizures is an exception to the general rule that a search must be . The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: (1) for a crime that, in the convicting jurisdiction, was punishable by death or by imprisonment for more than one year, the evidence: (A) must be admitted, subject to Rule , in a civil case or in a criminal case in which the.
Start studying Criminal Justice chapter 6. Learn vocabulary, terms, and more with flashcards, games, and other study tools. In what situations do law enforcement's special needs justify stopping an automobile without reasonable suspicion? By barring the use of illegally obtained evidence in court, the exclusionary rule is designed to.
Rule (b) has emerged as one of the most cited Rules in the Rules of Evidence. And in many criminal cases evidence of an accused's extrinsic acts is viewed as an important asset in the prosecution's case against an accused.
Use Best Litigation Practices Within the Boundaries of Evidence Rules and Procedure. No case can be won on sheer brilliance alone.
Evidence is the backbone on which effective advocacy is borne. Special Needs Rule By: Sandra Hunter Criminal Evidence Week This week we were giving the following scenario and ask to decide if this incident follows in the "special needs" rule and if it justify the officer’s search of the parked car’s trunk without probable cause?