BURDEN OF PROOF. PROOF: When the prosecution or defense establishes a degree of belief concerning a fact in the mind of the trier of fact (190 E.C.).

BURDEN OF PROOF

Proof: When the prosecution or defense establishes a degree

of belief concerning a fact in the mind of the trier of fact (190 E.C.).

State of mind or effect created by presenting testimony, writings and material objects.

Burden of Proof: exemplifies the Adversarial nature of our American Criminal Justice System.

Adversarial- The U.S. Court system is considered adversarial

Why?

Burden of Proof Areas:1) Criminal Guilt / Criminal Negligence: law requires that a person either act

with intent or fail to act and is presumed innocent until proven guilty beyond a reasonable doubt.

1st

Beyond a Reasonable Doubt: not mere possible doubt absolute certainty not required proof to a reasonable certainty applies to: conviction in a criminal case

2) Corpus Delicti: the prosecution carries the burden of proof to establish the corpus delicti (elements of the crime).

Example: Burglary (459 CPC)Prosecution must prove the defendant - a. Entered b. A dwelling or other area specified in statute c. With specific intent (aforethought)d. To commit theft or any felony

Degree of Proof: prima facie (“on its face” to establish a fact unless contradicted by other evidence.

The law doesn’t permit the corpus delicti to be established solely through an extra judicial statement, such as an admission or confession.

3) Search and Seizure / Confession / Miranda Issues: These issues are decided in pretrial hearing (1538 or 402 motions)

An illegal search triggers the Exclusionary Rule

Degree of proof: Preponderance of the Evidence:

A majority of evidence (51%)More evidence for than againstTip the scales one way or another

Applies to:

Legality of a search and seizureLegality of admissions or confessionsDecision in civil courtSelf-defenseInsanityVoluntary intoxication for the purposes of negating specific intentPreliminary hearing

4) Jurisdiction: Legal authority of a court to:

Hear a case Render a judgment

Usually Occurs in the County: Where crime occurs

Multi-Jurisdiction (case could be held in): Example: Victim kidnapped in Los Angeles Murdered in San Francisco Body dumped in Santa Rosa

Change of Venue: Change of the trial location due to:

Pre-trial publicity or particularly heinous crime

Makes it unlikely to select a fair and impartial jury (S.F. dog bite case, Polly Klass, Yosemite)

New location is determined by – California Judicial Council

5) Double or Former Jeopardy (500 E.C.): Provides that a person who is charged with a criminal act shall be subject

to only one adjudication (final judgment of guilt) Cannot be tried twice for the same offense Hung jury is not double jeopardy – no final judgment Burden lies with the - defendant Degree of proof - preponderance

Degree of proof: Preponderance of the Evidence:

A majority of evidence (51%)More evidence for than againstTip the scales one way or another

Exceptions: Dual Sovereignty Doctrine: allows a prosecution on the same offense if:

That offense violates the laws of two separate governmental jurisdiction [Federal and/or State (s)]

Example: Bank Robbery, kidnapping in one state and transports the victim into another state

Dual Liability Doctrine: prosecution for a criminal offense and litigation for a tort

Civil forfeitures – tort (civil wrong) Asset forfeiture actions

Examples: OJ Simpson, Robert Blake. Battery victim, Rape victim, etc

6) Self-Defense: Allows a person to commit a legal battery or a justifiable homicide in order to:

Protect oneself Or another from threatened criminal activity

A party about to be injured may use resistance sufficient to:

Prevent the commission of a public offense against his person or family; or

Prevent an illegal attempt by force to take or injure property in his possession

See text for examples

The Home Protection Act (198.5 PC): Any person using deadly force within his residence is presumed to have acted out of imminent fear of death or great bodily injury to self or another if:

A person unlawfully and forcibly enters the residence, and;

The person using deadly force knew or reasonably believed that an unlawful and forcible entry had occurred

Degree of Proof: preponderanceLies with: defense

7) Insanity: An insane person is either capable of committing a crime in CA or can be found not guilty by reason of insanity

CA Insanity Rule – a person can be judged insane if he/she by reason of mental defect or disorder is incapable of knowing right from wrong and appreciating the consequences of one’s action this is known as the M’Naughten Rule

Degree of Proof: preponderance

Burden lies with: defendant

8) Intoxication (550E.C.) Voluntary intoxication is no defense to a general intent crime

In specific intent crimes whenever premeditation, deliberation, or aforethought is necessary as an element of the crime or degree thereof, evidence the accused was voluntarily intoxicated is admissible on the issue as to whether the deft. actually formed a required mental state

Burden lies with: defendant

Degree of proof: preponderance

Involuntary intoxication (unconscious of the act), is a direct defense to a crime.

9) Capacity Issues (26PC):

Burden of proof can belong to either the defendant or prosecution depending on the legal issue, example:

Prosecution has burden: Child under 14 yrs. and the degree of proof is clear and convincing

Defense has burden: Mistake of Fact, accident or misfortune and the degree of proof is preponderance