In a criminal case must prove to the government, the elements of the crime the defendant is proven beyond doubt to be. So, what does that mean exactly?
Everyone has heard the evidence beyond a reasonable doubt. We see it brought up on television shows like Law & Order, CSI and, well, choose your favorite crime drama. We also see it in real life situations such as the OJ Simpson murder case. What is rarely explained, however, is what the word really means and what needsshown.
The first thing is to understand what does not mean certainty. That does not mean a record of 51 percent to 49 percent majority. Much more is needed, although the evidence by the prosecution, which not necessarily be so absolute. Instead, the government has enough evidence that a reasonable person would not reasonably doubt that the defendant has every element of the crime.
Admittedly, this is still pretty vague standard. Many lawyers arguethat the reason why we sometimes see, as bizarre results juries. They're just not comfortable with the standard. A juror may believe it means, while another juror might think it means more or less than the first juror.
The case of OJ Simpson is a good example. The defendant lawyers and prosecutors presented mountains of evidence in favor of their pages. Then put all kinds of experts and those used against the evidence by the opposing party to argue. How was theJury is out "beyond reasonable doubt" given the mass of information? Well, the defense did not really present much of a plausible case, but the prosecutor made a huge mistake.
Teacher-In Law School, she now never be a witness a question you do not know, ask the answer. In the Simpson case, the prosecution accepted only fit the gloves Simpson would. As we all know, not have them. The PROSECUTION presented the jury with an easy to see and understand the piecescritical evidence that raises reasonable doubt. If the glove does not fit, you must acquit. Simple put, the best evidence that the burden of proof was not met by the prosecution was made available. A monumental gaff that is spoken about in the legal profession for years!
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