w5 Flashcards
What is the legal burden in a criminal case?
The legal burden in a criminal case refers to the requirement for the prosecution to prove the elements of the offense to a prescribed standard. The standard for prosecution proof is to convince the jury of guilt beyond reasonable doubt.
What is the evidential burden in a criminal case?
The evidential burden in a criminal case is where the party must raise some evidence to satisfy the judge that a matter should be argued before the jury. It is the burden of ‘passing the judge’ with the same evidence as the legal burden.
What is the difference between the legal burden and the evidential burden in a criminal case?
The legal burden in a criminal case is the requirement for the prosecution to prove an element of the case to a prescribed standard, usually beyond reasonable doubt. The evidential burden is the burden of raising some evidence to satisfy the judge that a matter should be argued before the jury.
What is the standard of proof for the prosecution in a criminal case?
The standard of proof for the prosecution in a criminal case is to convince the jury of guilt beyond reasonable doubt.
When does the defendant have a burden to prove something in a criminal case?
In some cases, such as defenses like insanity, the defendant has the burden to prove something. For example, the defendant may need to prove a lack of mens rea by virtue of insanity. However, in most cases, the defendant does not have a burden to prove anything.
What is the balance of probabilities standard?
The balance of probabilities standard is the standard of proof for anything that the defense has to prove in a criminal case. It means that the defense must show that it is more likely than not that their assertion is true.
What happens when the legal burden and the evidential burden become detached in a criminal case?
In rare cases, such as self-defense, the legal burden and the evidential burden become detached. This means that the defendant has the burden to raise some evidence to satisfy the judge that the matter should be argued before the jury, but there is no specific standard of proof required.
What is the role of the judge in relation to the evidential burden in a criminal case?
The judge, as the tribunal of law, ensures that some evidence has been raised on an issue or fact before it is put before the jury, who are the tribunal of fact. The judge checks the sufficiency of the evidence to make it viable to argue that the fact or issue is proved.
What is the significance of the burden and standard of proof in a criminal case?
The burden and standard of proof are crucial in a criminal case. The burden of proving the elements of the offense is always on the prosecution, and they must prove their case beyond reasonable doubt. The defense may have an evidential burden to raise some evidence, but the legal burden remains with the prosecution.
What happens if the prosecution fails to discharge the evidential burden?
If the prosecution fails to discharge the evidential burden, the judge can intervene and the case may be dismissed. The evidential burden requires the prosecution to present sufficient evidence for the case to be argued before the jury.
When does the defense acquire a burden in a criminal case?
The defense acquires a burden in a criminal case when they make positive assertions or run an active defense, such as automatism, insanity, or diminished responsibility. In these cases, the defense has the burden to prove something.
What happens if the defense challenges the prosecution case without raising any evidence?
If the defense challenges the prosecution case without raising any evidence, it does not create any burden on the defense. The defense can contest issues that the prosecution has to prove without acquiring a burden.
What is the difference between the legal burden and the evidential burden?
The legal burden refers to the requirement to prove an element of the case to a prescribed standard. The standard varies between prosecution and defense. The evidential burden, on the other hand, is where the party has to raise some evidence to satisfy the judge that the matter should be argued before the jury.
What is the legal burden of proof in a self-defense case?
In a self-defense case, the defense must ‘raise’ self-defense and present evidence to support it. The prosecution then has the burden to disprove self-defense beyond a reasonable doubt as part of proving its case that the application of force was unlawful.
What is the role of the defense in raising self-defense in a trial?
The defense must call some evidence before raising self-defense with the jury. This means that the defense needs to present evidence, such as the victim’s attack or any other relevant evidence, to support the claim of self-defense.
What is the significance of the judge’s instructions regarding self-defense to the jury?
The judge instructs the jury that, because the defense has raised self-defense, the jury must be sure beyond reasonable doubt that the force used by the defendant was unlawful and not in self-defense. This instruction guides the jury in assessing the evidence and making a decision.
What happens when the prosecution fails to discharge the evidential burden in a criminal case?
When the prosecution fails to discharge the evidential burden in a criminal case, it means that they have omitted to call evidence to prove a particular fact or element. This is a rare oversight in practice, and the judge may intervene by dismissing the case if there is no evidence to support the fact in issue.
What is the legal burden of proof in a self-defense case?
In a self-defense case, the defense must ‘raise’ self-defense and present evidence to support it. The prosecution then has the burden to disprove self-defense beyond a reasonable doubt as part of proving its case that the application of force was unlawful.
What is the legal burden of proof in a case of duress or alibi?
In a case of duress, if sufficient evidence is raised to leave it as a live issue, the prosecution must disprove it beyond a reasonable doubt. In a case of alibi, the prosecution retains the burden of disproving the alibi beyond a reasonable doubt.
What is the purpose of the Turnbull guidelines in cases of disputed identification evidence?
The Turnbull guidelines provide guidance to judges on what to say to a jury when a case depends wholly or substantially on disputed identification evidence. The guidelines aim to ensure that identification evidence before a jury is as reliable as possible.
When should a Turnbull direction be given in a trial?
A Turnbull direction should be given when the case against the accused depends wholly or substantially on the correctness of the visual identification. It should be given even in cases of alleged recognition or situations where the defendant was picked out in a formal identification procedure but maintains that the witness was mistaken.