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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

EVIDENCE Direct Evidence: Directly proves a fact! Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

EVIDENCE Types of Evidence: Real Demonstrative Documentary Testimony Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

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. 

EVIDENCE Can include Stipulations Judicial Notice Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

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. 

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. 

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. 

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