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Ev- Burd + stand

Burden and standard of proof

QuestionAnswer
Define Burden of Proof (Legal Burden) The legal obligation on a party to satisfy the fact finder, to a specified standard of proof, that certain facts are true.
Define Standard of Proof The degree of probability to which facts must be proved to be true. The trier needs to KNOW/BELIEVE
Define the burden of Adducing Evidence (Evidential Burden) The obligation to adduce (bring) sufficient evidence to raise an issue for the court to consider
Woolmington v DPP [1935] Burden of proof in criminal cases is on the prosecution to prove the D's guilt beyond reasonable doubt.
Art 6(2) ECHR (Presumption of Innocence) "Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law."
Presumption of Innocence The weight of prosecution evidence must be such that it would prove the guilt of a random person, rather than the guilt of a D whose probability of guilt is higher than that of a random person.
Created by: deeeee.xx
 

 



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