41
votes
Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?
The common law adversarial system is just that: the prosecution must prove its case beyond reasonable doubt.
The defense is not obliged to call evidence at all. They are allowed to though: they will ...
- 25.6k
35
votes
Accepted
What will happen if someone/a group can't be confirmed that they commited a crime?
Everyone goes free. Each individual in the room is considered innocent until proven guilty. If the prosecution cannot prove that Bob was guilty of the murder then Bob is considered innocent. The same ...
- 13k
28
votes
Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
First we should be more specific about a person being "accused" – we should disregard lunatic rantings, and limit our attention to a person who has been officially, legally accused of a ...
- 210k
26
votes
What will happen if someone/a group can't be confirmed that they commited a crime?
The police don't need to determine who specifically killed Jake, only who participated in the crime.
If Bob and his six friends work together to kill Jake, then all seven of them are guilty of ...
- 1,241
18
votes
How is the burden of evidence distributed between parties?
I'm curious as to how the US legal system determines who should
present evidence and how much evidence is required by them to prove
one side of an argument against a counterargument.
In General
...
- 195k
18
votes
Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?
Yes
The common law legal systems all require proof beyond reasonable doubt of each of the elements of the crime. If the prosecution fails to provide enough evidence to meet that burden on any of the ...
- 198k
16
votes
Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
The presumption of innocence is simply that - a presumption
Presumption: the act of believing that something is true without having any proof.
The truth value of the presumption is undefined and not ...
- 198k
15
votes
Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
Yes, it is possible for active but as-of-yet unproven charges to have legal effect.
One example I'm aware of is when attempting to buy a firearm in Illinois. If you have pending criminal charges, ...
- 3,527
13
votes
Is there a burden of proof of a force majeure event occurring?
If you dispute the assertion, yes
At this point the company has made an unevidenced assertion. You can either accept that assertion or dispute it.
The exact dispute resolution terms will matter if you ...
- 198k
11
votes
What will happen if someone/a group can't be confirmed that they commited a crime?
Crimes go unsolved all the time
There are all sorts of points of failure between a crime being committed and the perpetrator being punished.
The crime must be brought to the attention of law ...
- 198k
11
votes
Why are there distinct burdens of proof in civil and criminal cases?
James Whitman argues that they are the result of historical developments in the late 18th century which are now applied to a role for which they were not intended.
His thesis is that the "beyond ...
- 198k
11
votes
Accepted
What is the standard of proof for violations of the amateur radio regulations?
The FCC addresses this.
As a general matter, the standard of proof is the “preponderance of
the evidence” standard. See, e.g., Application of Ameritech Michigan
Pursuant to Section 271 of the ...
- 210k
10
votes
Why are there distinct burdens of proof in civil and criminal cases?
Because in a civil case you have two equally involved sides. If I claim you damaged my car which cost $10,000 to repair, it's not only that you lose $10,000 if you lose the case, but I lose $10,000 if ...
- 32.9k
10
votes
Innocent until proven guilty in Germany?
Trials in German criminal cases are generally open to the public (subject to exceptions similar to those in the U.S.) and there is a presumption of innocence until proof beyond a reasonable doubt ...
- 195k
10
votes
Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
First of all, the phrase is "presumed innocent until proven guilty". Second, this applies only to the government. A private person is free to have any opinion they wish regarding someone's ...
- 5,509
10
votes
Burden of Proof for Reprinting a Book
Short answer:
§§ 64 ff. UrhG is not a defense (Einwendung) but an integral/constitutional component of copyright.
Accordingly the party favoring the fact that a work is (still) copyrighted has the ...
- 1,402
9
votes
Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?
"burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared"
The issue is in your interpretation of the phrase "burden of ...
- 6,325
8
votes
How is the burden of evidence distributed between parties?
Under US law, the prosecution has the obligation to prove all of the elements of the crime "beyond a reasonable doubt" (the exact explanation in the jury instructions varies from state to state, in ...
- 210k
7
votes
Is there any precedent wherein both parties require a burden of proof?
Generally speaking, the ultimate burden of proof is placed upon one party or another. But sometimes there is what is called a "burden of production" that involves some evidentiary showing ...
- 195k
7
votes
Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
This is a great question because the matter is frequently misunderstood.
As Accumulation notes, it's not correct to say "legally everyone is 'innocent until proven guilty'"; rather, people ...
- 35.2k
7
votes
Accepted
Burden of Proof for Reprinting a Book
It depends on the argument
The person suing (Plaintiff) needs to make a case that is prima facie reasonable and contains all needed details. This includes showing that they own a valid copyright/...
- 33.5k
5
votes
Is placing the burden of proof on the accused illegal?
From a US perspective, in a word, "no".
Firstly, "presumption of innocence" is in a trial, not in police interactions. Being arrested does not violate the presumption of innocence. Police do not need ...
- 8,737
5
votes
Accepted
What is the legal standard of proof required for US citizenship?
The case of Sanchez v. Kerry provides evidence as to what standard of proof is required in an analogous case. Petitioner sued the Dept. of State, which makes citizenship determinations (22 CFR 50.2), ...
- 210k
5
votes
What are standards of proof that are lower than "preponderance of evidence?"
The standard of proof required to survive a motion to dismiss is very low.
The factual (not legal) assertions of the plaintiff are assumed to be true, and the case is dismissed if the defense shows ...
- 51
5
votes
Innocent until proven guilty in Germany?
You must be careful with the term Code Napoleon.
In general it is an alternative name for the code civil (original name code civil des Français 1804) and is one of the 5 books of law.
It was ...
- 5,348
5
votes
Defence to defamation where the alleged crime has expired
Truth is a defense to defamation
Bob must prove the truth of his statement if Rob sues - there is a reverse onus for this defense. Because this is a civil trial the burden is balance of probabilities.
...
- 198k
4
votes
Are there some torts for which the proof is "slam dunk" or close to?
All torts have to be proved.
In 99.99% of cases the proof is by admission of the tortfeaser.
That is, they agree to pay damages with or without admission of liability.
Where liability is contested, ...
- 198k
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