Court Systems and Practices
Copyright and Terms of Service
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
Necessity to prove the facts that are in
dispute during a trial
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Two Aspects:


Determine which party must prove the
allegations made
Determine how much proof is needed
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Civil Cases:
Complainant (Plaintiff) has the
burden of proof

Must prove to the judge or jury by
a preponderance of the evidence
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Civil Cases:
Preponderance of the evidence means

The plaintiff’s evidence is slightly more
convincing than the defendant’s evidence

More likely than not

0%
50%|
| 100%
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Criminal Cases:
The complainant (prosecutor) has the burden of
proof

Must prove to the judge or jury beyond a
reasonable doubt
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Criminal Cases:
Beyond a reasonable doubt means

The prosecutor must convince the judge or jury
that the defendant committed the crime

95%+ sure of the defendant’s guilt

0%
50%|
Preponderance
| 100%
Beyond
Reasonable
Doubt
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Criminal Cases:
The defendant has the burden of proof when
claiming criminal defense
◦
◦
◦
◦
◦
◦
Insanity
Self-Defense
Duress
Entrapment
Necessity
Accident
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Circumstantial Evidence:



The most common form of
evidence
Indirect evidence
The jury and judge must draw conclusions
based on inferences
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Direct Evidence:

Directly proves a fact!
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Types of Evidence:

Real

Demonstrative

Documentary

Testimony
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

Evidence must be relevant to the case at
hand.
Evidence must fall within the Rules of
Evidence:
◦ Assists in ascertaining the truth
◦ Encourages fairness
◦ Avoids judicial delay
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
Can include
◦ Stipulations
◦ Judicial Notice
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
Suppressed Evidence:
◦ Evidence kept out of trial due to a legality
 Ex: evidence obtained through an illegal search and
seizure
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
Offered into evidence:
◦ Evidence presented by a party in a court case
◦ To be admitted, it must fall under the proper rule of
evidence
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
Admitted into evidence:
◦ “Comes in”
◦ Made a part of the case record
◦ Can be considered by the judge or jury in rendering
a decision
◦ If challenged by an opposing party, it could be
“kept out”
 Challenged through objections, such as




Relevance
Hearsay
Lack of personal knowledge
No proper predicate
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

0131189794, Criminal Courts: Structure,
Process, & Issues (2nd Edition), Dean John
Champion, Richard D. Hartley, & Gary A.
Rabe, Prentice Hall, 2007
0495599336 Criminal Procedure: Law and
Practice (8th Edition), Rolando V. del
Carmen, Wadsworth Publishing, 2009
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