Chapter 4

The prosecution has to put the defendant guilt

Beyond a reasonable doubt

Every essential elements of the crime charged must be proved by the government beyond___ in order to convict and punish a defendent for the crimes charged

Doubt

Proof is demonstrated by

Evidence

___Is ordinarily defined as the means of establishing and proving the truth and untruth have any fact that is alleged

Evidence

Circumstantial evidence is evidence that proves the fact in issue

Indirectly or by inference

In court information that the defendant has committed to similar crimes in the past

May be admissible under some circumstances

Interference are reasonable conclusions that judges or juries

May draw if they so desire

If a Defendant did not testify for his or her criminal trial the judge or jury

May not use this as evidence of guilt or draw an inference of guilt

Circumstantial Evidence frequently takes the form of showing that the defendant had means opportunity and

Motive

Evidence of right from the scene of a crime is

Never sufficient by itself to establish guilt

The burden of___ requires the party with the burden to introduce sufficient very evident to convince the fact finder that the fact exists

Persuasion

McCormick on evidence states that___is the slipperiest member of the family have a legal terms because it is used in so many different ways

Presumption

Sandstrom vs Montana state that mandatory or irrebuttable___ and constitutional in criminal prosecutions

Presumptions

The burden of trying requires the party with the bourbon on a federal issue to introduce of this shit relevant evidence to prove the fact that issue

Production

The burden of proof is actually two burdens : the burden of___ and the burden of___

Production; persuasion

In Holland vs US the US Supreme Court upheld an income tax evasion conviction on the basis of circumstantial evidence in the form of

The net worth method

Evidence consists of the materials presented to the trier of fact___

To convince them of the existence of a fact

The defendant is found in possession of a very large quantity of illegal drugs it is permissible to draw the interference that the position was

With intent to deliver sale

Direct evidence is evidence that proves a fact

Without the need of inferences and presumptions

Are reasonable conclusions that fact finders (juries or judges) may draw from the evidence presented to them

inference