Trial: Evidence & Burden of Proof
Course
Court Systems
and Practices
Unit XI
Trial
Essential
Question
In a criminal
trial, what is
the burden of
proof, and
what types of
evidence are
introduced?
TEKS
§130.296(c)
(4)(C)(E)
Prior Student
Learning
Defenses to
Criminal
Prosecution
Estimated
Time
3 to 5 hours
Rationale
In this lesson, students will apply their understanding of the burden of proof in a
criminal trial, and will apply their understanding of the types of evidence used in
criminal trials.
Objectives
The student will be able to:
1. Determine which party has the burden of proof in a criminal trial
2. Differentiate between the burden of proof in a criminal trial and the
burden of proof in a civil trial
3. Identify the types of evidence introduced in a criminal trial
4. Describe the different types of evidence used in a criminal trial
5. Distinguish between direct and circumstantial evidence, and burden of
proof
6. Identify the trial process, from pretrial to sentencing
Engage
Before class write this question on the board: List the type(s) of evidence that
must be introduced during a criminal trial in order to convict someone of
murder. Could someone be convicted of murder without a body? How? Have
students write their responses in their journals. Use the the Writing Rubric for
assessment.
Key Points
I. Key Terms:
A. Burden of Proof – the legal requirement to introduce enough evidence
to prove an alleged fact or set of facts, based on the weight of the
evidence (not the amount of evidence) to convince a jury or judge
B. Preponderance of the Evidence – the burden of proof necessary in
order to win a civil case; requires that more than 50% of the weight of
the evidence be in favor of the party who wins the case
C. Beyond a Reasonable Doubt – the burden of proof necessary in order
to convict a person of a crime; does not need to convince the judge or
jury 100%, but if they have any reasonable doubt about the
defendant’s guilt, they cannot vote to convict the defendant
D. Reasonable Doubt – the doubt that a reasonable person might have
about the truth of an allegation of fact, or set of facts, after hearing the
evidence
E. Prosecutorial Discretion – the decision-making power of prosecutors
in handling criminal cases; includes the decision to charge, dismiss
charges, and/or plea-bargain
F. Evidence – anything that can be used by a judge or jury in deciding
the facts of a case; it may take many forms, such as a testimony by a
witness, documents, videotapes, photographs, physical objects, etc.
G. Direct Evidence – evidence that, if believed, can directly prove a fact;
ex: testimony of an eyewitness
1
Copyright © Texas Education Agency, 2011. All rights reserved.
H. Circumstantial Evidence – indirect evidence that provides the judge or
jury with information from which inferences may be drawn; ex: hear
gunshots and moments later see a woman run by, carrying a smoking
gun – infer that she fired the shots
I. Real Evidence – tangible evidence that may be admitted during a
case; ex: a weapon used in a crime; also called actual evidence
J. Demonstrative Evidence – a type of actual evidence or exhibit created
to be used in court; ex: charts
K. Documentary Evidence – a type of actual evidence that includes
writings; ex: business records
L. Testimony – evidence given under oath, either orally or by affidavit, by
a competent witness
M. Offered – evidence presented by a party in a court case; in order to
be admitted into evidence, it must fall under the proper rule of
evidence, or it may be kept out of the proceeding; ex: must be
relevant to the case at hand
N. Admitted – if not challenged as violating the rules of evidence by the
opposing side, evidence “comes in” and is made a part of the case;
admitted evidence can be considered by the judge or jury in rendering
a decision
II. Burden of Proof– necessity to prove the facts that are in dispute at a trial.
Must determine which party must prove the allegations made and how
much proof is needed
A. Civil Trial
1. Preponderance of the evidence – plaintiff’s evidence is
slightly more convincing than defendant’s evidence
2. Plaintiff’s burden
B. Criminal Trial
1. Beyond a reasonable doubt – the prosecutor must
convince the judge or jury that the defendant committed
the crime. They must be 95% or more certain of the
defendant’s guilt.
2. State’s/Prosecutor’s burden – conviction of crime
3. Defendant’s burden – defenses claimed
a. Insanity
b. Self-Defense
c. Duress
d. Entrapment
e. Necessity
f. Accident
III. Evidence
A. Circumstantial evidence
1. The most common form of evidence
2. Indirect evidence
3. The judge and jury must draw conclusions based on
inferences
B. Direct evidence – directly proves a fact, such as the testimony of an
2
Copyright © Texas Education Agency, 2011. All rights reserved.
eyewitness or a confession
C. Types of evidence
1. Real – tangible evidence that may be admitted during a
case; also called actual evidence
2. Demonstrative – a type of actual evidence or exhibit
created to be used in court
3. Documentary – a type of actual evidence that includes
writings
4. Testimony – evidence given under oath, either orally or by
affidavit, by a competent witness.
IV. Evidence coming into trial
A. Evidence must be relevant to the case at hand
B. Evidence must fall within the Rules of Evidence
1. Encourages fairness
2. Avoids judicial delay
3. Assists in ascertaining the truth
C. Can include
1. Stipulations – undisputed facts that opposing parties
agree to in writing for the court
2. Judicial Notice – recognition by the court that certain
information is common knowledge
D. Evidence coming into trial
1. Suppressed evidence – kept out of trial due to a legality
2. Offered evidence – presented by a party in a court case;
to be admitted it must fall under the proper rule of
evidence
3. Admitted
a. “Comes in”
b. Made a part of the case record
c. Can be considered by judge or jury in rendering a decision
d. If challenged by the opposing party, could be “kept out”
e. Challenged through objections such as:
i. Relevance
ii. Hearsay
iii. Lack of personal knowledge
iv. No proper predicate
Activities
Analyze a Circumstantial Evidence Trial
1. Divide students into two groups: Group 1 = Prosecution Team and
Group 2 = Defense Team.
2. Explain that each group will be researching the same criminal case,
which was based on a plethora of circumstantial evidence.
3. Explain the steps the groups need to follow:
a. Research the case (internet)
b. Gather all the facts (write down)
c. Chart the facts for both sides on poster board
d. Determine which facts support the position (guilty or not guilty)
3
Copyright © Texas Education Agency, 2011. All rights reserved.
e. Argue the case with the opposing group
4. Monitor the progress of each group, and once ready, have the class
debate between the two groups.
5. Discuss the actual outcome of the case.
6. Have each individual student write a short essay answer to the following
question: Do you agree with the actual outcome of this case? To
support your answer, explain your answer using the facts gathered from
your research.
Use the Debate Rubric and the Essay Rubric for assessment.
Assessments
Trial: Evidence and Burden of Proof Quiz and Key
Debate Rubric
Discussion Rubric
Essay Rubric
Individual Work Rubric
Writing Rubric
Materials
Trial: Evidence and Burden of Proof computer-based presentation
Trial: Evidence and Burden of Proof Key Terms Handout
Find the Evidence Word Search
Computer with Projector/Screen
Poster Board
Markers
Legal pads for Group Activity Questions and Note taking
Computers with Internet access
Resources
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
Accommodations for Learning Differences
For reinforcement, students will list terms and explain how each term relates to
the burden of proof, or circumstantial or direct evidence. Use the Individual
Work Rubric for assessment.
For enrichment, students will pick three actual cases. Students will research
each case and chart the evidence used in the case as “Direct Evidence” or
“Circumstantial Evidence.” Students will write a short essay on the following
question: Do you believe that circumstantial evidence can be effective in
obtaining a conviction in a criminal case? Why or why not? Use the Essay
Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
4
Copyright © Texas Education Agency, 2011. All rights reserved.
(4) The student examines the steps by which a criminal charge is processed
through pretrial, trial, adjudication, and the appellate stages. The student is
expected to:
(C) distinguish between direct and circumstantial evidence and burden
of proof;
(E) identify the trial process from pretrial to sentencing.
College and Career Readiness Standards
I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
3. Evaluate relevance, quality, sufficiency, and depth of
preliminary ideas and information, organize material generated,
and formulate a thesis.
5. Edit writing for proper voice, tense, and syntax, assuring that it
conforms to standard English, when appropriate.
III. Speaking
A. Understand the elements of communication both in informal group
discussions and formal presentations
1. Understand how style and content of spoken language varies in
different contexts and influences the listener’s understanding.
2. Adjust presentation to particular audiences and purposes.
B. Develop effective speaking styles for both group and one-on-one
situations.
2. Participate actively and effectively in group discussions.
V. Research
A. Formulate topic and questions
2. Explore a research topic.
5
Copyright © Texas Education Agency, 2011. All rights reserved.
Trial: Evidence and Burden of Proof Key Terms
1.
Burden of Proof – the legal requirement to introduce enough evidence to prove an alleged fact
or set of facts based on the weight of the evidence (not the amount of evidence) to convince a
jury or judge
2.
Preponderance of the Evidence – the burden of proof necessary in order to win a civil case;
requires that more than 50% of weight of the evidence be in favor of the party who wins the
case
3.
Beyond a Reasonable Doubt – burden of proof necessary in order to convict a person of a
crime; does not need to convince the judge or jury 100%, but if they have any reasonable
doubt about the defendant’s guilt, they cannot vote to convict the defendant
4.
Reasonable Doubt – the doubt that a reasonable person might have about the truth of an
allegation of fact, or set of facts, after hearing the evidence
5.
Prosecutorial Discretion – the decision-making power of prosecutors in handling criminal
cases; includes the decision to charge, dismiss charges, and/or plea-bargain
6.
Evidence – anything that can be used by a judge or jury in deciding the facts of a case; it may
take many forms, such as a testimony by a witness, documents, videotapes, photographs,
physical objects, etc.
7.
Direct Evidence – evidence that, if believed, can directly prove a fact; ex: testimony of an
eyewitness
8.
Circumstantial Evidence – indirect evidence that provides the judge or jury with information
from which inferences may be drawn; ex: hear gunshots and moments later see a woman run
by carrying a smoking gun – infer that she fired the shots
9.
Real Evidence – tangible evidence that may be admitted during a case; ex: a weapon used in
a crime; also called actual evidence.
10. Demonstrative Evidence – a type of actual evidence or exhibit created to be used in court; ex:
charts.
11. Documentary Evidence – a type of actual evidence that includes writings; ex: business
records.
12. Testimony – evidence given under oath, either orally or by affidavit, by a competent witness.
13. Offered – evidence presented by a party in a court case; in order to be admitted into
evidence, it must fall under the proper rule of evidence, or it may be kept out of the
proceeding; ex: must be relevant to the case at hand
14. Admitted – if not challenged as violating the rules of evidence by the opposing side, evidence
“comes in” and is made a part of the case; admitted evidence can be considered by the judge
or jury in rendering a decision
6
Copyright © Texas Education Agency, 2011. All rights reserved.
Find the Evidence Word Search
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VIDEOTAPE
WEAPON
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Copyright © Texas Education Agency, 2011. All rights reserved.
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Hidden phrase: “Convictions come from direct and circumstantial evidence”
8
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:
Date:
Trial: Evidence and Burden of Proof Quiz
Matching
1.
Offered
2.
Admitted
3.
Real Evidence
4.
Beyond a reasonable doubt
5.
Preponderance of the evidence
6.
Demonstrative Evidence
7.
Documentary Evidence
8.
Circumstantial Evidence
9.
Testimony
10.
Burden of Proof
A. Based on weight of evidence
B. Civil case
C. Indirect evidence
D. Sworn affidavit
E. Not yet part of case
F. Criminal case
G. Business record
H. Becomes part of proceeding
I. Actual evidence
J. Diagram
9
Copyright © Texas Education Agency, 2011. All rights reserved.
Mark the following A or B (A = Circumstantial Evidence — B = Direct Evidence)
11.
The statement, “I stole Madison’s mp3 player.”
12.
Videotape of Johnny holding a gun on Mr. Stop at a convenience store, Mr.
Stop handing Johnny cash from the register, Johnny’s gun firing, and Mr.
Stop falling to the ground.
13.
Book-in fingerprints of the defendant.
14.
Fingerprints on the gun match the fingerprints of the defendant.
15.
Testimony of a fingerprint expert stating that the fingerprints on the gun match
the defendant’s fingerprints.
16.
Gun found at the scene of a convenience store robbery.
17.
Record of text messages between the defendant and the victim.
18.
Testimony of Mrs. Golden saying, “I saw Johnny fire the gun at Mr. Stop.”
19.
Testimony of Mr. Silver saying, “I heard Johnny say he was going to the
convenience store to hit it big.”
20.
Date and time-stamped intersection photograph of a blue 2009 sedan with the
Texas license plate “FSTNFUREUS” running a red light.
10
Copyright © Texas Education Agency, 2011. All rights reserved.
Trial: Evidence and Burden of Proof Quiz Key
1.
E
2.
H
3.
I
4.
F
5.
B
6.
J
7.
G
8.
C
9.
D
10. A
11. B
12. B
13. B
14. A
15. A
16. A
17. A
18. B
19. A
20. B
11
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________________
Debate Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Information
Clear, accurate and thorough
Facts, statistics and/or examples
used to support major points.
Communication
Respectful body language
Respectful responses
Focused/On-topic
Sarcasm avoided
Participation
Full participation
Attentive listening
Total Points (32 pts.)
Comments:
12
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
13
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________Date_____________________________
Essay Rubric
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
Assigned Topic
Essay is written using an
approved title.
Essay is not written using an
approved title.
N/A
The essay is clear and easily
read. At no time is the reader
wondering what the writer is
trying to say.
There are 0-1 spelling,
punctuation, or grammar
errors.
The essay is written using
Times New Roman size 12point font. All margins are one
inch and the essay is one full
page in length.
Some aspects of the essay are
unclear, and the reader is left
wondering what the writer is
trying to say.
There are 2-3 spelling,
punctuation, or grammar
errors.
Most aspects of the essay are
unclear, and the reader is left
wondering what the writer is
trying to say.
There are more than 3
spelling, punctuation, or
grammar errors.
One of the previously
described aspects is missing.
More than one of the
previously described aspects
is missing.
The essay was not turned in
on the date and at the time
specified. No extenuating
circumstances were
documented.
N/A
Organization
Mechanics
Presentation
Due Date and
Time
The essay is in on the date
and at the time specified or
extenuating circumstances
were documented.
Pts.
Total Points (15 pts.)
Comments:
14
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
15
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
16
Copyright © Texas Education Agency, 2011. All rights reserved.