Burden of proof essays

Across the years, the issue on who shall bear the burden of proof during litigation still remains in a vague situation because the judge strike a balance between the states and the accused. The definition of burden of proof is the legal obligation of one party having the responsibility to prove the issue of contention on the required of standard of proof. The burden generally divided into two, legal and evidential burden of proof. This two burdens of proof are distinct. There is more than one type of burden known to the law, a burden of proof and the burden of adducing evidence.

Presumptions, Standards Of Proof And Burden Of Proof Essay

Burden of Proof - Free Essay Example | infogramma.info

According to him the factors to be considered is judicial deference, classification of offences, construction of criminal liability; element of offences and defences, significance of maximum penalties, ease of proof and peculiar knowledge, and presumption of innocence. On the part of judicial deference, it is necessary to consider the will of the courts and the will of parliament. Referred by most as the Golden thread or rule in criminal law, the duty lies on the prosecution to prove a prisoner's guilt. Even before the trial, there is an evidential burden on the prosecution to establish that there is a prima facie case. A clear express statutory provision is section 2 Homicide Act where if diminished responsibility is raised as a defence towards a charge of murder.

Free Legal burden of proof Essays and Papers

First of all, as the saying goes, "innocent until proven guilty," has been heard by almost everyone. This phrase is a basic principal of criminal law which is actually referring to the standard of burden of proof. The burden of proof is a definite responsibility of one party in a case to make sure that the judge or jury is convinced to their version of facts is true. Besides that, the defendant does not have to prove that he is wrong because the burden of proof is on the prosecution.
Please join StudyMode to read the full document. Hence, the burden of prove solely lies in the hands of the prosecution. The obvious reason to this is because everyone is entitled to a fair trial with a general presumption of innocence until proven against. The case of Woolmington v DPP clarified several uncertainties in regards to this area of the law.
  •   Pecozo S. April 4, 2021
    This is the second time I have used Kings essay and have made an A on both papers.
    +19 -7
  •   Jim K. April 4, 2021
    Definitely a very good homework help website.
    +28 -15
  •   John M. March 3, 2021
    The amount of expertise that goes into the work is exceptional at all times.
    +16 -1
  •   Osmin R. April 4, 2021
    Simply Brillant, practical and very useful!
    +8 -2
  •   Anthony M. April 4, 2021
    This is best place you can be sure to get value for your money and a functional money back guarantee.
    +12 -9
  •   Anthony W. April 4, 2021
    My paper was completed strictly by the deadline and support team promptly approached me to find out if I needed a revision.
    +10 -14
  •   Vannalom L. March 3, 2021
    They maintain a good connection with the customers and offer a high discount for the regular client.
    +21 -11
  •   Ty F. March 3, 2021
    Thank you the course was very helpful
    +22 -6
  •   Benjamin L. March 3, 2021
    It was a very good decision.
    +18 -3
  •   Paul C. April 4, 2021
    well done
    +30 -4
  •   Jimmy A. April 4, 2021
    These are obviously very experienced writers and you can tell bevasue they were able to change the referencing system really quickly after my request and ensured double spacing and organised contents page.
    +29 -0
  •   Hassan H. March 3, 2021
    Just seeing picture, its evaluation, argumentation about it and depicting arguments was the main pillar in shaping me as an experience writer.
    +20 -13
  •   Moses W. April 4, 2021
    it was wonderful experience for me, I have learned many principle of writing here.
    +17 -5
  •   Frank W. April 4, 2021
    The is the most useful course for me, I have ever attended.
    +25 -4
Home Essay Writing