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Evidence (1)

Overview - The Burdens and Standards of Proof 

3/5/2017

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The evidential and legal burden at different stages of the criminal trial 

Prosecution case
-The evidential burden is for the prosecution to adduce evidence for every single elements of the offences charged with hope to pass the judge.
-The legal burden is on the prosecution to prove each single elements of the offence being charged with sufficient evidence.

Defence case
-After the prosecution has passed the judge the defendant has the evidential burden.
-Only in specific defences raised may the defendant has the legal burden.
-The burden of proof is less onerous in defendant cases. 
-The defendant who fails to produce sufficient evidence will not necessarily lose the case. 
-If the defendant raises a defence which goes beyond the denial of the prosecution case, the defendant is obliged to lay a proper foundation for his defence. 
-Once a proper foundation has been completed by the defendant, the prosecution has the legal burden of disproving the defence. 
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