Evidence + Burden & Standard of Proof Flashcards
(11 cards)
what must evidence be?
relevant and admissable
what are the general categories of evidence? Explain them and give examples.
direct = proves a fact i.e. EWT, confession, CCTV of D committing the offence
circumstantial = suggests guilt but does not prove guilt i.e. DNA, D fleeing the scene, possession of stolen property
what can happen if there is only circumstantial evidence?
there will be no case to answer if the evidence is not capable of supporting a conviction (i.e. must be strong enough the court could infer guilt beyond all reasonable doubt)
explain the legal burden of proof
it is the legal elements of the offence to be proven
who decides if the legal burden of proof has been satisfied?
MC = Magistrates
CC = jury
who must discharge the legal burden of proof and to what standard?
the prosecution must always discharge the legal burden of proof beyond all reasonable doubt
the defence only need to discharge the legal burden of proof when certain defences are raised (i.e. diminished responsibility, duress). The standard is the balance of probabilities.
explain the evidential burden of proof
the obligation to produce sufficient evidence to raise a particular issue
who decides if the evidential burden of proof has been satisfied?
MC = Magistrates
CC = judge
explain P’s obligation regarding the evidential burden
they must provide sufficient evidence of guilt + show D has a case to answer
if D raises a defence, P must also disprove this BARD
what happens if P fails to satisfy the evidential burden?
it is said P has failed to discharge the evidential burden and not shown a case to answer. D can then make a submission of no case to answer
explain D’s obligation regarding the evidential burden
D must raise a defence (need not prove it)
