1. TRIAL: BURDEN OF PROOF AND EVIDENCE
Court Systems and Practices

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3. BURDEN OF PROOF
Necessity to prove the facts that are in dispute during a trial
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4. BURDEN OF PROOF Two Aspects:
Determine which party must prove the allegations made
Determine how much proof is needed
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5. 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
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6. 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%               
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7. BURDEN OF PROOF
Criminal Cases:
The complainant (prosecutor) has the burden of proof
Must prove to the judge or jury beyond a reasonable doubt
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8. 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
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9. BURDEN OF PROOF Criminal Cases:
The defendant has the burden of proof when claiming criminal defense
Insanity
Self-Defense
Duress
Entrapment
Necessity
Accident
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10. EVIDENCE Circumstantial Evidence: The most common form of evidence
Indirect evidence
The jury and judge must draw conclusions based on inferences
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11. EVIDENCE Direct Evidence: Directly proves a fact!
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12. EVIDENCE Types of Evidence: Real Demonstrative Documentary Testimony
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13. 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
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14. EVIDENCE Can include Stipulations Judicial Notice
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15. EVIDENCE COMING INTO TRIAL
Suppressed Evidence:
Evidence kept out of trial due to a legality
Ex: evidence obtained through an illegal search and seizure
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16. 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
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17. 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
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18. RESOURCES
, Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe, Prentice Hall, 2007
Criminal Procedure: Law and Practice (8th Edition), Rolando V. del Carmen, Wadsworth Publishing, 2009
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