Definition of Evidence

3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement, “the burden of proof of guilt in a criminal case is on the prosecution throughout the trial”?

Prosecutor- The prosecutor must determine what evidence needs to be introduced, but also how that evidence is produced and consider the appropriate time in which to display evidence throughout the trial.

Judge- A general rule states that trial judges have the inherent power to admit or exclude evidence at trial. A judge is there to oversee the entire case and ensure that nothing gets out of control. Judges have the responsibilities to make decisions concerning the constitutionality of law enforce activities, to protect witnesses from overzealous examination and cross examination by counsel, they are also to take judicial notice, ruling on issues of law, acting as a fact finder in some cases, and lastly to determine competency of the witness and evidence admitted being brought to testify.

Jury- Jury members have an obligation to resolve the conflicts that exist in the evidence and determine the truth based on the facts that both parties have presented in the courtroom. Juries are responsible for determining if the amount of evidence presented is sufficient to find someone guilty or not of the accused crime.

The statement the burden of proof of guilt is on the prosecution throughout the trial means simply this. The prosecution must prove that the accused is guilty. They must have sufficient evidence and witnesses in order to find the accused guilty. This is one of the best aspect of our countries legal system.

(Ingram, 83-90)

4. Define burden of proof, burden of going forward, and burden of persuasion.

Burden of Proof can be defined as the duty of proving facts disputed on the trial of a case by the proper weight of evidence. In other words the prosecutor has the responsibility to prove guilt based off of the evidence at hand.

Burden of Going Forward can be defined as the obligation resting upon a party to produce prima facie evidence on a particular issue. In other words, the government has the responsibility of presenting evidence first that will allow the case to continue to be heard.

Burden of Persuasion can be defined as the burden of persuading the factfinder of the truth of the evidence produced by one side or the other. This means that the attorney will be able to refer to evidence that is clear while he makes closing arguments to the jury. (Ingram, 47-48)

8. What is the difference between a presumption and an inference?

A presumption can be defined as the conclusion or inference drawn from the proven existence of some basic fact or group of facts.

An inference is defined as the rational conclusion of the existence of a different fact deduced from facts originally proved.

(Ingram, 22-23)

9. What is a stipulation? Distinguish between a stipulation of testimony and a stipulation of fact.

Stipulation can be defined as an agreement; a bargain, proviso, or condition; e.g. an agreement between opposing litigants that certain facts are true and are not in dispute

Stipulation of testimony varies from stipulations of fact because one can withdraw their testimony with the court permission, this is not the case with stipulation of fact. (Ingram, 186-188)

10. Every person is presumed to be sane. Is this presumption rebuttable or conclusive? Explain your answer.

Sanity is one issue that our court system is having an issue with since it seems that more and more individuals are turning to this defense. Yes, everyone is presumed to be sane, but In the eyes of the court I would view this statement as being rebuttable because different states have different requirements of hot to determine if the accused has the mental capacity to stand trial. This makes this statement rebuttable in a court of law.

( Ingram, 162-164)

Works Cited

Ingram, J. (2012). Criminal evidence. (11th ed., pp. 83-90). Boston: Anderson Publishing.