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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 ...
Greendrake's user avatar
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34 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 ...
Paul Johnson's user avatar
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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 ...
user6726's user avatar
  • 215k
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 ...
Ross Ridge's user avatar
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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 ...
ohwilleke's user avatar
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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 ...
Dale M's user avatar
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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 ...
Dale M's user avatar
  • 211k
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, ...
Ryan_L's user avatar
  • 3,555
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 ...
Dale M's user avatar
  • 211k
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 ...
Dale M's user avatar
  • 211k
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 ...
Dale M's user avatar
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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 ...
user6726's user avatar
  • 215k
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 ...
gnasher729's user avatar
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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 ...
ohwilleke's user avatar
  • 218k
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 ...
Acccumulation's user avatar
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 ...
Kai Burghardt's user avatar
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 ...
JBentley's user avatar
  • 8,306
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 ...
user6726's user avatar
  • 215k
8 votes

Is reasonable doubt that of >=9.1% probability?

Reasonable doubt is not a quantifiable concept. It is an error in law to instruct a jury to consider it in the manner you describe. Reasonable doubt is not amenable to mathematical calculation or even ...
Jen's user avatar
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8 votes
Accepted

Is reasonable doubt that of >=9.1% probability?

I'm not aware of any jurisdiction that defines it numerically. england-and-wales The guidance is that the jury is directed like this: The prosecution must prove that D is guilty. D does not have to ...
Lag's user avatar
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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 ...
ohwilleke's user avatar
  • 218k
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 ...
phoog's user avatar
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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/...
Trish's user avatar
  • 39.8k
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 ...
sharur's user avatar
  • 8,803
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), ...
user6726's user avatar
  • 215k
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 ...
Kacy's user avatar
  • 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 ...
Mark Johnson's user avatar
  • 5,632

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