Question: The burden of proof
Answer: A party in dispute is required to provide sufficient justifications or evidence of specific standard of clarity that can convince and accepted by the court that facts presented is the truth. This is known as burden of proof. The burden of proof exists in both civil and criminal trials but it in this particular discussion, our main concern is the allocation of burdens in the criminal trials. There are in fact two different types of burdens recognized by the law which are the legal burden and evidential burden.
The obligation imposed on a party by a rule of law to prove or disapprove a fact in issue is known as legal burden. Legal burden is generally borne by the prosecution, meaning that the prosecution has to prove the element of offence charged beyond reasonable doubt. This condition was decided by the House of Lords (HOL) in the case of Woolmington v DPP . Here, Visc...(short extract)
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- Subject: Law
- Course: Law of Evidence
- Level: Degree
- Year: 2nd/3rd
- Mark: Not available
- Words: 3266
- Date submitted: December 03, 2013
- Date written: March, 2013
- References: Yes
- Document type: Essay*
- Essay ID: 5299
